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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE RESOLUTION |
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| INTRODUCED BY SIPTROTH, SCAVELLO, BARRAR, BRADFORD, CALTAGIRONE, CARROLL, COHEN, DONATUCCI, HENNESSEY, MURT, O'NEILL, PEIFER, READSHAW, SANTONI, WATERS, WATSON AND YOUNGBLOOD, JUNE 12, 2009 |
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| REFERRED TO COMMITTEE ON URBAN AFFAIRS, JUNE 12, 2009 |
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| A RESOLUTION |
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1 | Directing the Joint State Government Commission to conduct a |
2 | study on the impact of common interest ownership communities |
3 | on local governments and the Commonwealth, the challenges |
4 | facing the residents and governing bodies of these common |
5 | interest ownership communities and opportunities for the |
6 | Commonwealth to assist local governments and common interest |
7 | ownership communities to deliver adequate services to their |
8 | residents at an affordable cost. |
9 | WHEREAS, According to the Pennsylvania and Delaware Valley |
10 | Chapter of the Community Associations Institute, there are |
11 | approximately 15,000 common interest ownership communities, |
12 | which have a total of approximately three million property |
13 | owners in Pennsylvania, which represents an estimated 25% of the |
14 | population; and |
15 | WHEREAS, In many instances, common interest ownership |
16 | communities provide some of the same services that the |
17 | municipalities in which these communities are located provide to |
18 | individuals who do not live in common interest ownership |
19 | communities; and |
20 | WHEREAS, As a result, residents of common interest |
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1 | communities often pay twice for the same services, once in the |
2 | form of assessments paid to their community association and |
3 | again in the form of municipal taxes; and |
4 | WHEREAS, Residents of common interest communities contribute |
5 | to State-funded programs that provide infrastructure |
6 | improvements with their State tax dollars, but residents' |
7 | community associations are often ineligible to apply for these |
8 | programs to address infrastructure needs; and |
9 | WHEREAS, The public benefits from various types of |
10 | infrastructure within the common interest communities, |
11 | including, but not limited to, storm water management |
12 | facilities, dams, on-lot septic systems and public roads; and |
13 | WHEREAS, Because many private wells and on-lot septic systems |
14 | within common interest communities were constructed before the |
15 | adoption of the Uniform Construction Code, the municipalities in |
16 | which they are located may not have inspected them. These wells |
17 | may be at the end of their operational lives or contaminating |
18 | the groundwater; and |
19 | WHEREAS, Rising foreclosure rates and the national economic |
20 | downturn have made it difficult for common interest ownership |
21 | communities to collect assessments from an increasing number of |
22 | residents, thereby making it more difficult to maintain the |
23 | commonly held property within these communities; therefore be it |
24 | RESOLVED, That the House of Representatives direct the Joint |
25 | State Government Commission to conduct a study of the impact of |
26 | common interest ownership communities as described under the |
27 | Real Estate Cooperative Act, the Uniform Condominium Act and the |
28 | Uniform Planned Community Act on local governments and the |
29 | Commonwealth, the challenges facing the residents and governing |
30 | bodies of common interest ownership communities and |
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1 | opportunities for the Commonwealth to assist local governments |
2 | and common interest ownership communities to deliver adequate |
3 | services to their residents at an affordable cost; and be it |
4 | further |
5 | RESOLVED, That the Joint State Government Commission study, |
6 | at a minimum, all of the following: |
7 | (1) The number of common interest ownership communities |
8 | in each county. |
9 | (2) The number of common interest ownership communities |
10 | in each municipality. |
11 | (3) The approximate amount of State taxes paid each year |
12 | by residents of interest ownership communities. |
13 | (4) The approximate amount of local taxes paid each year |
14 | by residents of interest ownership communities to each |
15 | municipality. |
16 | (5) The amount and age of current infrastructure within |
17 | the common interest ownership communities. |
18 | (6) The impact of allowing common interest ownership |
19 | communities to access State funds for infrastructure |
20 | improvements. |
21 | (7) Whether there are opportunities for the Commonwealth |
22 | to assist local governments and common interest ownership |
23 | communities to deliver adequate services to their residents |
24 | at an affordable cost; |
25 | and be it further |
26 | RESOLVED, That the Joint State Government Commission report |
27 | its findings and recommendations to the House of Representatives |
28 | no later than one year after the adoption of this resolution. |
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