68 Pa.C.S. § 3320
Declarant delivery of items to association
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Statutory text
Except as set forth in paragraph (9), not later than 60 days after the required termination
of the period of declarant control pursuant to section 3303(c) (relating to executive
board members and officers) or the declarant's earlier voluntary termination of control,
the declarant shall deliver to the association all property of the unit owners and
of the association held by or controlled by the declarant, including, without limitation,
all of the following items, if applicable, as to each condominium or other owners'
association operated by the association:
The original or a certified copy or a photocopy of the recorded declaration and all
amendments thereto. If a photocopy is delivered, such photocopy shall reflect the
recording information and shall be accompanied by an affidavit executed by the declarant
certifying such photocopy to be a true, correct and complete copy of the actual recorded
declaration and all amendments thereto.
The association articles of incorporation, if incorporated, with evidence of filing
with the Department of State.
A copy of the bylaws.
A complete set of all executive board minutes and resolutions and all other books
and records of the association.
A complete copy of all rules and regulations that may have been adopted.
Copies of all Federal, State and local tax returns filed by or on behalf of the association
and copies of any tax-exempt elections made by or on behalf of the association.
Copies of all past and current budgets of the association.
Resignations of officers and members of the executive board who are required to resign
because the declarant is required to relinquish or has relinquished control of the
association.
Not later than 90 days after the required termination of the period of declarant control
pursuant to section 3303(c) or the declarant's earlier voluntary termination of control,
a complete audit of the finances of the association for the time period between the
last audit of the association's financial books and records and the date of termination
of the period of declarant control, prepared by an independent certified public accountant
in accordance with generally accepted accounting principles, the costs of which audit
are to be borne equally by the declarant and the association. If the condominium consists
of not more than 12 units, a warranty from the declarant to the association that the
books and records of the association completely and accurately reflect all activities
of the association from its inception through the date of termination of the period
of declarant control may be substituted for the audit referred to in this paragraph.
All association funds or control thereof.
All tangible personal property and inventories thereof:
(i) that may have been represented or should have been represented by the declarant in
any public offering statement, sales materials or other writings to be part of the
common elements; or
(ii) that is otherwise property of the association.
A copy of the plans or drawings and specifications, if any, utilized in the construction,
rehabilitation, renovation or remodeling of any buildings and improvements within
the condominium and in the construction and installation of any mechanical components
and equipment serving the buildings and improvements and property, if and to the extent
the construction, rehabilitation, renovation, remodeling or installation was performed
by or on behalf of the declarant and substantially completed during the period commencing
three years prior to the date of the first public offering statement regarding the
condominium, unless no public offering statement is required for any unit in the condominium
in which event such period shall commence on the date of the recordation of the condominium
declaration or amendment thereto with respect to such improvements, and ending on
the date by which compliance with this section is required. In the event such construction,
rehabilitation, renovation, remodeling or installation was substantially completed
within such period but not by or on behalf of the declarant, the obligation of the
declarant under this paragraph shall be to provide all such plans, drawings and specifications
in the possession of the declarant and to use reasonable efforts to obtain and provide
any such plans, drawings or specifications not within the possession of the declarant.
If such construction, rehabilitation, renovation, remodeling or installation was substantially
completed more than three years prior to the commencement of the period described
in this paragraph, the obligations of the declarant under this paragraph shall be
to provide all such plans, drawings and specifications in the possession of the declarant.
To the extent previously made available to the declarant, the declarant in all cases
shall deliver to the association owners, operating, care and maintenance manuals and
other information regarding mechanical components and equipment serving any buildings
and improvements in the condominium. A declarant's delivery of any plans, drawings
or specifications pursuant to this paragraph shall not constitute a representation
or warranty of the accuracy or completeness of such plans, drawings or specifications
and shall not expand or otherwise affect the declarant's warranties created under
section 3411 (relating to warranty against structural defects).
All insurance policies insuring the association then in force.
Copies of any certificates or statements of occupancy which may have been issued with
respect to the improvements comprising the condominium, if and to the extent available.
Any other permits issued by governmental bodies applicable to the condominium property
which are then currently in force, all notices of violations of governmental requirements
then outstanding and uncured and all reports of investigations for the presence of
hazardous conditions as defined in section 3402(a)
(relating to public offering
statement; general provisions).
Any written warranties then in force and effect from contractors, subcontractors,
suppliers or manufacturers who have performed work with respect to the condominium
property or have supplied equipment or services to the condominium property.
A roster of unit owners and mortgagees and their respective addresses and telephone
numbers, if known, as shown on the declarant's records.
Employment contracts in which the association is or is to be one of the contracting
parties.
Service and other contracts and leases in which the association is or is to be one
of the contracting parties and service contracts in which the association has directly
or indirectly an obligation or a responsibility to pay some or all of the fees or
charges of the person or persons performing such services.
Synced from the Florida Legislature’s official site. Verify the current version before citing.
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Reference only — not legal advice. Verify current text at the official state legislature website before citing. Printed from Common Elements (July 4, 2026).