TO: PA Representatives
Lynn B. Herman, Chair, Local Government Committee
John Taylor, Chair, Chair, Urban Affairs Committee
HB 2461 Sponsor Schroder:
Bill Sponsors:
SCHRODER, ARMSTRONG, BARRAR, BENNINGHOFF, BOYD, CORRIGAN, CRAHALLA, DENLINGER, MANDERINO, O’NEILL, REICHLE, T. STEVENSON, E. Z. TAYLOR, THOMAS AND TIGUE
I would like to congratulate all the sponsors of this much needed bill to hold HOA boards accountable under the law, and to bring a measure of justice to homeowners. I wish you the best in these efforts and that the bill becomes law.
However, let me mention an important aspect of your bill that is easily recognized by homeowner rights advocates as creating obstacles to effective deterrence to violating the laws and at the same time “motivating” boards to comply with the laws. A 2/3 vote is too high a standard for justice and the amount of fines, $50, is nothing more than “lunch” money to the HOA.
What is needed is a punishment that fits the offense as compared to comparable offenses or punishments. A search of the PA statutes reveals that a higher misdemeanor penalty is appropriate, since they can call for fines of up to $10,000 (medical record keeping) for corporate violators of similar offenses.
PA examples of a misdemeanor:
§233.117 third degree – school official releasing confidential info
§249.54 second degree – false statements or falsifying records
§15.147 second degree, $2,500 fine — HEW official violation statutes
§317.4 third degree – state official disclosing confidential information§105.4 misdemeanor – violating Art. for by Public Assistance employee
Please keep in mind that violations by directors who owe a fiduciary duty to the homeowners should also be in keeping with the same per diem charges that many HOAs levy against homeowner offenders. I strongly suggest that this is the appropriate fine for HOA board offenders of the law.
What’s good for the goose is good for the gander.
George K. Staropoli
Citizens for Constitutional Local Government
Scottsdale, AZ
HOA Constitutional Government 