BEACON PLACE CONDOMINIUM ASSOCIATION BYLAWS
(AS AMENDED AND APPROVED BY A MAJORITY VOTE OF THE UNIT OWNERS
ZAT THE ANNUAL MEETING ON DECEMBER 7, 2022)
INDEX:
ARTICLE I: APPLICABLE STATUTE
ARTICLE II: IDENTITY OF PROPERTY
ARTICLE III: NAME AND MEMBERSHIP
ARTICLE IV: MEETINGS & VOTING RIGHTS OF OWNERS
ARTICLE V: COMPOSITION OF THE BOARD OF DIRECTOR
ARTICLE VI: OPERATIONS OF THE BOARD
ARTICLE VII: OFFICERS
ARTICLE VIII: OWNERS’ RESPONSIBILITIES FOR MAINTENANCE OF UNITS
ARTICLE IX: MANAGEMENT OF FINANCES
ARTICLE X: BUILDING INSURANCE COVERAGE AND OWNER RESPONSIBILITY
ARTICLE XI: CONFLICT OF INTEREST
ARTICLE XII: RULES AND REGULATIONS
ARTICLE XIII: LESSEES
ARTICLE XIV: GENERAL PROVISIONS
ARTICLE XV: LIABILITY AND INDEMNIFICATION OF BOARD AND OFFICERS
ARTICLE XVI: MODIFICATION, AMENDMENT, AND CONSTRUCTION
ARTICLE I – Applicable Statute
These Bylaws are adopted pursuant to the Pensylvania Uniform Condominium Act (68 P.S. §3101 et seq) (hereafter referred to as “Act.”)
ARTICLE II – Identity of Property
The property to which these Bylaws shall apply is described in the Restated Declaration recorded in the Recorder’s Office of Allegheny County, Pennsylvania, in Deed Book Volume 6805, Page 343. Beacon Place Condominiums is restricted to persons who are either elderly (62+) or who fall under the Americans with Disabilities Act (ADA), and by the City of Pittsburgh’s Conditional Use Approvals, as described in the Declaration of Condominium in the Recorder’s Office of Allegheny County, Pennsylvania, in Deed Book Volume 6805 Page 358. This restriction applies to all occupants, regardless of whether such occupants are Unit Owners or lessees of Units.
ARTICLE III – Name and Membership
The condominium shall be known by the name of Beacon Place Condominium Association (hereafter, referred to as “Association.”) The office of Beacon Place Condominium Association shall be located at 5715 Beacon Street, Pittsburgh, Pennsylvania 15217. The Association shall consist of all of the Unit Owners acting as a group in accordance with the Act, the Declaration, and these By Laws, including any Rules and Regulations issued by the Board.
ARTICLE IV – Meetings and Voting Rights of Owners
4.1. PLACE OF MEETING.
All meetings of Unit Owners shall be held at Beacon Place or in any such other place within the city of Pittsburgh, Pennsylvania, as the Board shall determine with a starting time within 10:00 a.m. and 8:00 p.m.
4.2. DATE OF ANNUAL MEETING.
An annual meeting of the Unit Owners shall be held on the Second Wednesday of December of each year or within 10 days thereof, except in emergency situations, such as an epidemic or other health hazards.
4.3. SPECIAL MEETINGS.
(a) Special meetings of Unit Owners may be requested for any purpose or purposes by the President, by a majority of the Board, or by not less than twenty-five percent of the Unit Owners entitled to vote.
(b) Any request for a Special Meeting shall be delivered to the Board Secretary in writing, signed by at least 25% of the Unit Ownerships Interest, and shall specify the purpose or purposes of the meeting.
(c) Upon receiving the request, it shall be the duty of the Secretary to notify the Board, which will set the meeting to be held not more than thirty days after the receipt of the request. The notice shall specify the purpose or purposes of the meeting as stated in the request. The Unit Owners requesting a Special Meeting are not authorized to conduct a meeting or transact business or elections, purportedly in the name of the Association.
(d) The business to be transacted at any Special meeting shall be limited to the purposes set forth in the notice of the meeting and matters directly germane to those purposes
4.4. NOTICE OF MEETINGS.
(a) Written notice of each meeting of the Unit Owners shall be given not less than ten days before the date of the meeting. For all purposes in these Bylaws, “written” or “in writing” shall include regular mail, email to an address registered with the Association, hand delivery, overnight delivery via carrier. ADA accessible versions will be made available as appropriate.
(b) The notice shall specify the place, date, and hour of the meeting and, in the case of a special meeting, the purpose of the meeting, and whether remote participation via video is allowed.
(c) Copies of the notice shall be delivered to the Unit Owners. If requested by a Unit Owner, notice shall be given to that Unit Owner at an address supplied by the Unit Owner.
(d) Notices of all meetings shall also be posted prominently on each floor’s bulletin board, outside the Manager’s office, as well on any association approved social media or Association website.
(e) Attendance of a Unit Owner, in person or by proxy, remotely by video (not by voice of phone), at any meeting, shall constitute a waiver of notice of the meeting, except where a Unit Owner attends a meeting for the express purpose of objecting to the transaction of any business because the meeting was not lawfully called or convened.
4.5. VOTING RIGHTS.
(a) Unit owners must be current in their monthly payments to the Beacon Place Condominium Association to vote in any election, and as of December 5th to vote at the election.
(b) At any meeting of Unit Owners and at any vote of the Unit Owners, each Unit shall be entitled to one vote per unit.
(c) The vote of a majority of the ownership represented (in person, by absentee ballot, or by proxy, and as authorized to vote remotely by the Board) and entitled to vote at any meeting of the Beacon Place Condominium Association shall decide any question brought before the meeting, unless the question is one upon which, by express provision of statute or of the Declaration or of these Bylaws, a different vote is required.
(d) Units owned by Beacon Place shall not be entitled to vote, nor shall they be counted towards the quorum.
4.6. PROXY VOTING.
(a) Unit Owners may vote by proxy, absentee ballot, or by visual vote such as zoom (but not by telephone) at any meeting of Unit Owners.
(b) A Unit Owner may appoint any other Unit Owner as their proxy on a form approved by the Secretary of the Board.
(c) Blank proxy forms and absentee ballots shall be made available by Management. These proxy forms shall not specify the individual who shall vote the proxy.
(d) All proxy designations and absentee ballots shall be in writing and shall be signed and dated by the Unit Owners. Absentee ballots may be returned in person, by mail, or by e-mail to the Secretary.
(e) No proxy or absentee ballot shall be valid for more than one meeting (including continuation sessions of the same meeting).
(f) Proxies shall be entered of record in the minutes of the meeting and kept on file by the Secretary.
4.7. QUORUM.
(a) Thirty-Three and 1/3 percent of Unit Owners entitled to vote at any meeting of Unit Owners, present, in person, or represented by proxy, absentee ballot, or remotely as authorized by the Board, shall constitute a quorum for the transaction of business.
(b) If a quorum is not present at a meeting, the President shall declare the meeting postponed. If a meeting is postponed for lack of a quorum, the meeting shall reconvene upon notice, such notice being given not less than ten days in advance of the reconvened meeting.
(c) At the reconvened meeting, any business may be transacted which might have been transacted at the meeting as originally called, without regard to the existence of a quorum.
4.8. PROCEDURE.
(a) The President or, in their absence, the Vice President, shall preside at all meetings of Beacon Place. If both are absent, the Treasurer, then the Secretary, then the Board member-at-large shall preside. No meeting shall be held without a Board member conducting the meeting.
(b) Meetings shall be conducted in accordance with Roberts Rules of Order, except where these Bylaws provide for other procedures.
(c) The Board shall appoint a Parliamentarian to advise the presiding officer on procedure. The
rulings of the presiding officer shall be final and binding on the procedures of the meeting provided there is not conflict with the Act, Declaration, or these By Laws.
4.9. ORDER OF BUSINESS.
Unless otherwise determined by action of the Unit Owners present or represented, the order of business at all annual meetings of Unit Owners shall be as follows:
(a) Establishment of quorum.
(b) Proof of notice of meeting or waiver of notice
(c) Appointment of inspectors of election.
(d) Discussion of proposed budget in accordance with Article IX.
(e) Reports of officers.
(f) Reports of committees.
(g) Election of Board.
(h) Old business.
(i) New business.
4.10. MINUTES.
At its first meeting following the annual meeting of Unit Owners, the Board shall approve a draft of the minutes of the annual meeting to be circulated to Unit Owners within 30 days after the meeting.
ARTICLE V – Composition of the Board of Directors
5.1. FUNCTION AND COMPOSITION
(a) The business and affairs of Beacon Place shall be managed by a Board of Directors (the “Board”) composed of five persons who are Unit Owners. Only one owner may server on the Board at one time.
(b) Members of the Board must be current in their monthly payments to the Beacon Place Condominium Association to run for and/or fill a Board position.
(c) The members of the Board shall be elected at the annual meeting of the Unit Owners in accordance with these Bylaws.
5.2. TERM OF OFFICE
(a) The term of office shall be three years, commencing on January 1 of the upcoming new year. No person may serve more than two consecutive full terms. For purposes of this rule, a Board member who resigns before the end of his or her term shall be deemed to have served a full term. A Board member who is appointed to fill the unexpired term of a Board member who resigned, is removed or has died shall not be considered to have served a full term if the unexpired term is less than 18 months, but shall if it is over 18 months.
(b) If the annual meeting is postponed, Board members then serving shall hold office until their successors are elected and meet the qualifications of office and accept the responsibilities of the office.
5.3. NOMINATIONS.
A Unit Owner may become a candidate for the Board by filing, or having filed on his or her behalf, a nominating petition endorsed by signatures representing ten or more units other than the candidate’s. Nominating petitions shall be filed not later than 10 days before the election.
Nominations from the floor are not valid.
5.4. PRE-ELECTION PROCEDURES.
The Board shall establish procedures for the conduct of Board elections.
5.5. ELECTION OF THE BOARD
(a) Unit Owners may vote for less than as many candidates as there are positions to be filled, but not more, and may only cast one vote per candidate. Write-in votes are permitted.
(b) The candidate or candidates receiving the largest number of votes shall be deemed elected. In the event of a tie, the winner shall be chosen by a run-off vote.
5.6. ABSENTEE BALLOTS and PROXY BALLOTS.
Unit Owners may vote in Board elections by absentee ballot or proxies. The Board shall establish procedures for proxy, remote, and absentee ballot voting.
5.7. VACANCIES.
(a) Upon the death, resignation, or removal of a Board member, the remaining members of the Board, by majority vote, shall elect a Unit Owner to fill the vacancy. Each person so elected shall be a Board member until a successor is elected by the Unit Owners at the next annual meeting. The successor shall serve out the remainder of the member’s term.
(b) If, at any one meeting of Unit Owners, more than one vacancy is to be filled, the candidate receiving the largest number of votes shall serve the longest term; the candidate receiving the second largest number of votes shall serve the second longest term, etc.
(c) A Board member who sells his or her unit shall be deemed to have resigned as a member of the Board.
5.8. REMOVAL OF BOARD MEMBERS.
(a) Proceedings for removing a Board member from office may be initiated by filing with the Secretary a petition endorsed by signatures representing at least 25 percent of the ownership of Beacon Place.
(b) Upon the filing of a petition for removal in accordance with section (a), the Board shall call a special meeting of Unit Owners to be held within 30 days of the filing of the petition. Notice shall be given in accordance with the provisions of Article IV, section 4. A quorum (33-1/3 percent) shall be required for the meeting, and no business shall be transacted other than discussion of the proposed removal.
(c) The Board shall establish a method for voting, which may include proxies, mail-in ballots, visual participation (Zoom, but not phones), as well as paper ballots.
(d) The Board member who is the subject of the removal petition and the signers of the petition shall each be given the opportunity to make a statement that will be distributed with the ballots.
(e) Removal shall require the affirmative vote of at least 67% of Unit Owners voting on such removal petition.
(f) Upon the removal of a Board Member, the vacancy shall be filled by the Board until the next election.
5.9. BOARD MEMBER MISSING MEETINGS.
(a) In the event that a Board member shall miss three (3) consecutive Board meetings or shall miss a total of four (4) Board Meetings in any twelve (12) month period, without the consent of either the President or the Secretary, said Member shall be deemed to have voluntarily resigned from the Board of Directors, effective as of the date of said missed third consecutive Board Meeting or said missed fourth Board Meeting, whichever comes first. In such event, the vacancy of said Board Member shall be filled by the remaining members of the Board until the next election.
(b) Upon the affirmative vote of a majority of all members of the Board, any officer may be removed, either with or without cause, and a successor may be elected at any meeting of the Board called for such a purpose.
ARTICLE VI – Operations of the Board
6.1. POWERS AND DUTIES.
The Board shall have all of the powers and duties vested in it under the law, the Declaration of Beacon Place, and these Bylaws. It shall have the power and duty:
(a) to maintain, repair, and replace the common elements.
(b) to assess and collect funds from Unit Owners for the payment of common expenses, in accordance with Article IX.- Management of Finances.
(c) to prepare and approve the annual budget of Beacon Place in accordance with Article VIII.
(d) to promulgate and enforce Rules and Regulations through procedures established in accordance with Article XII-Rules and Regulations
(e) to make and enforce contracts on behalf of Beacon Place.
(f) to contract with a managing agent to manage Beacon Place under the direction of the Board.
(g) to hire and discharge employees of Beacon Place, prescribe their duties, and fix their compensation.
(h) to elect all officers of Beacon Place.
(i) to fill vacancies in the Board in accordance with Article V.
(j) to establish and maintain a reserve fund for capital and emergency expenditures.
6.2. MEETINGS.
(a) The Board shall meet at least four (4) times per year.
(b) Meetings of the Board shall be held at Beacon Place or at such other place within the, City of Pittsburgh, Pennsylvania, as the Board shall determine.
(c) Written notice of regular or special meetings of the Board shall be delivered to each Board member at least one business day before the day fixed for the meeting. The notice shall state the time, place, and purpose of the meeting.
(d) Special meetings of the Board may be called by the President or on written request of at least three Board members.
(e) Attendance of a Board member at any meeting shall constitute a waiver of notice of the meeting.
(f) The presence of three members of the Board shall constitute a quorum for the transaction of business. If, at any meeting of the Board, less than a quorum is present, the meeting shall be postponed. If a meeting is postponed for lack of a quorum, the meeting shall reconvene upon notice in accordance with section (c).
(g) The acts of a majority of the Board members present at a meeting at which a quorum is present shall be the acts of the Board.
(h) All Board meetings are considered closed sessions. However, any owner may petition to speak to the Board, via written request. The Board must allocate time during a subsequent meeting to hear the petitioner.
(i) When the President determines that Board action is required before a meeting can be held, a majority of the Board may approve such action through informal consultation, including by telephone or remote electronic meeting, email or text messages, as confirmed by the Secretary in writing. Any action taken in this manner shall be recorded in the minutes of the next Board meeting in accordance with the provisions of section 3 of this Article.
(j) Expenditures Between Meetings
i. Except in case of emergency, all expenditures not previously approved specifically or in the annual budget process, shall be approved by action of the Board at a regular or special meeting, as necessary by a vote of the majority of the Board..
ii. In case of emergency, the President shall convene the Board at a Special Meeting or canvass all Board members by telephone, text or email, and provide opportunity for discussion before conducting a vote of the Board members. If such emergency expenditure is approved, it shall be reported at, and included in the minutes of, the next regular Board meeting.
iii. Without a meeting or canvassing of the Board, the President shall have authority to approve de minimis expenditures in any month, which expenditures shall be reported at, and included in the minutes of, the next regular Board meeting. The Board shall define the monetary amounts/limits at the first meeting of each year, and may change that amount as determined by financial indicators.
6.3. MINUTES.
Minutes of each Board meeting must be reviewed and approved or amended by the Board within 30 days of that Board meeting. Minutes shall be made available upon request to Unit Owners within 30 days of approval. These minutes shall record all decisions taken by the Board, including matters resolved informally pursuant to section 2(i), except where confidentiality is determined to be appropriate. Such matters shall be reported in general terms indicating the reason for not recording details. A summary of the board meetings will be included the Association newsletter.
6.4. COMMITTEES.
The Board may create committees and, in connection therewith, determine the responsibilities, authority, and duration of such committees. These committees shall be both permanent standing committees and ad hoc or limited term committees. Each committee shall have a Board member as liaison, and each Board member shall serve as liaison to at least one committee. Committee members must be Owners in Good Standing (current in its financial obligations to the Association) or family members who occupy the units held by Owners of record. As of the date of these Bylaws, the Board has created:
(a) Long-Range Financial Committee to review, develop, and advise on Administrative and Capital Expenses for at least the next 5 years with 6 month reviews of current Budgeting.
(b) Facilities and Engineering Committee to assist and support the Board and the Building Manager in the operations of the Beacon Place by addressing issues related to construction, engineering, architecture, renovations, building codes, custodial work, maintenance, and related areas.
(c) Communications Committee to facilitate communications to and from the Board to owners of Beacon Place.
(d) Rules and Regulation Committee to review and update procedures on an annual basis.
(e) Bylaws Committee to review and update the Bylaws on a regular (minimum of every 4 years) basis.
(f) Social Committee to facilitate social gatherings of the Unit Owners from time to time and as approved by the Board.
(g) Landscaping Committee to gather bids, and proposals for both long term and short term contracts, to maintain and improve the outside property appearance of Beacon Place
(h) Decorating Committee to provide both long term and short term proposals to maintain and improve the inside appearance of the common areas of Beacon Place.
ARTICLE VII – Officers
7.1. GENERAL
(a) The officers of Beacon Place shall be a president, a vice president, a treasurer, a secretary, and an officer-at- large.
(b) The president and vice president of the Association shall be the president and vice president of Beacon Place.
7.2. SELECTION AND REMOVAL.
(a) Officers shall be elected annually by a majority vote of the Board at the first meeting of the new Board after the election at the annual meeting. No additional notice shall be required.
(b) Each officer shall hold office until his or her successor is elected.
(c) Any officer may be removed by a majority vote of the Board at any time.
7.3. DUTIES AND FUNCTIONS.
(a) The President shall be the chief executive officer and shall preside at all meetings of the Unit Owners and of the Board. They shall have the power to sign official documents on behalf of Beacon Place. The President shall also supervise employees of Beacon Place Condominiums, including the Office Manager, the Building Superintendent, and the night/weekend staff.
(b) The Vice President shall, in the absence or disability of the president, perform the duties and exercise the powers of the president. He or she shall also perform such other duties as shall from time to time be assigned by the Board.
(c) The Secretary shall supervise the keeping of minutes of all meetings of Unit Owners and of the Board. In the absence or disability of the President and Vice president, the Secretary shall perform the duties and exercise the powers of the President.
(d) The Treasurer shall supervise the accounts and financial reports of Beacon Place.
(e) The Officer-at-Large shall have responsibility for different projects as developed by the Board.
7.4. COMPENSATION
(a) If no elected Board officer is certified (experience in a relevant position or degree or license in the field) to perform the duties of treasurer, the Board may hired a certified non-Board member to perform those duties
(b) No member of the Board may be paid for performing the duties and functions of the Board.
ARTICLE VIII – Owners’ Responsibilities for Maintenance of Units
Except for the maintenance requirements herein imposed upon the Board, each Unit Owner shall, at the Unit Owner’s expense maintain, replace and repair the interior of his or her Unit, which includes the balcony, and any and all equipment, appliances or features therein situated, whether the repair, replacement or maintenance be ordinary, usual or unusual. The repair or breakage of any glass window, screen, or interior or exterior door contained in or abutting, any Unit shall be the responsibility of the Unit Owner. The Unit Owner shall, at his/her expense maintain, repair, or replace any plumbing fixtures, lighting fixtures, electrical outlets and electric fixtures, refrigerators, electric ranges, dishwashers, disposals, furnaces, air conditioners and hot water tanks All plumbing supply lines from the main common supply stacks and drains, whether waste or soil pipes, and plumbing traps, until connected at the point of the common plumbing drain and soil stacks are the responsibility of the Unit Owner. All electrical wiring within each individual unit, including the electric breaker panel, main service breaker at the electric meter, and any and all equipment which are exclusively in connection with the individual Unit is the responsibility of the Unit Owner, excluding the main electric wire from the electric meter to the individual unit. Any repair of or addition to the plumbing or electrical service, which are the responsibility of a Unit Owner, shall be made only by fully licensed craftsmen in accordance with current building codes and the Rules and Regulations.
8.1 Damage by Negligent Acts.
If, due to the negligent act or omission of a guest, invitee, or other authorized occupant or visitor of such Unit Owner or resident, damage shall be caused to the Common Expenses, Limited Common Elements, or to a Unit or Units owned by others, or maintenance, repairs, and replacements hall be required which would otherwise be a Common Expense or Limited Expense, then such Unit Owner shall pay for such damage and such maintenance, repairs, and replacements, as may be determined by the Board.
8.2 Maintenance of Equipment, Fixtures, etc.
To the extent that equipment, facilities, and fixtures within the Unit or Units shall be connected to similar equipment, facilities, or fixtures affecting or serving other Units, the Limited Common Elements or the Common Elements, then the use thereof by the individual Unit Owners shall be subject to the control of the Association. The authorized representatives of the Board, or of the Manager of a Managing Agent for the Building, shall be entitled to reasonable access to the individual Units as may be required in connection with maintenance, repairs, or replacements of or to the Common Elements or any equipment, facilities, or fixtures, affecting or serving other Units or the Common Elements.
8.3 Decorating and Maintenance of Units.
Each Unit Owner shall furnish and be responsible for, at his/her own expense, all of the decorating within his/her own Unit, including painting, wall papering, washing, cleaning, paneling, floor covering, draperies, window shades, curtains, lamps, and other furnishings and interior decorating. Each Unit Owner shall be entitled to the exclusive use of the interior surfaces of the perimeter walls, floors, and ceilings, which constitute the exterior boundaries of his/her Unit, and such Unit owner shall maintain the interior surfaces in good condition at his/her sole expense, as may be required from time to time as he/she may see fit and at his/her sole expense. The interior surfaces of all windows forming part of the perimeter wall of a Unit shall be cleaned or washed at the expense of each respective Unit Owner. Window shades and coverings visible from the exterior of the Building shall be subject to the control of the Association. Decorating of the Common Elements or Limited Common Elements (other than interior surfaces within the Units as above provided), and any re-decorating of Units to the extent made necessary by any damage to existing work on the Common Elements or Limited Common Elements by the Association shall be furnished by the Association as part of the Common Expense or Limited Expenses as the case may be.
8.4 Additions, Alterations, or Improvements to Units.
No Unit Owner shall make or permit any addition, alteration, or improvements to his Unit which could or might affect the structural integrity of the Building. No Unit Owner shall make or permit any other structural change, addition, alteration, or improvement in or to his/her Unit without the prior written consent of the Board, which shall not be unreasonably withheld, and, if such change so consented to would result in rendering inaccurate the description of that Unit on the Plats and Plans, it shall not be undertaken until the Plats and Plans have been duly amended at the cost and expense of such Unit Owner. The Board may impose reasonable conditions to such consent. Requests for such consent shall be accompanied by detailed plans and specifications showing the proposed addition, alteration, or improvement, and shall name the contractors and subcontractors to be employed. The Board shall act upon requests within thirty (30) days after receipt thereof, and shall be deemed to have acted favorable in cases where no response if made within that period. Application to any government authority for necessary permits shall be made only the Executive Board, as agent for and the expense of the Unit owner, without incurring any liability to such authority or to any contractor, subcontractor, or material man, or to any person having any claim for injury to person or damage to property from such work.
ARTICLE IX – Management of Finances
RESPONSIBILITIES OF BOARD.
The Board shall be responsible for all aspects of the building relating to the finance and accounting systems established by best practice.
9.1 PREPARATION OF BUDGET.
The Board shall prepare an annual budget in accordance with the provisions of this Article. The budget shall include an itemization of anticipated revenues and expenses.
(a) The total amount of the charges required for the forthcoming calendar year shall be estimated by the Board as part of the annual budget. The estimate may include (a) an amount for unanticipated or underestimated expenses or charges previously incurred; and (b) amounts to be accumulated in reserve funds for expenditures that may be required in future years.
(b) The Board shall allocate all common area costs among all the Unit Owners in proportion to their percentage ownership of the Common Elements of the building.
9.2 BUDGET PROCEDURES
(a) At least ten days before each annual meeting of Unit Owners, the Board shall provide each Unit Owner with a written copy of the proposed budget for the forthcoming year, together with a statement of the operations of the Association during the current year and a report on the general financial condition of Beacon Place Condominiums, as reported in the annual CPA audit.
(b) The proposed budget shall be included as an agenda item for discussion at the annual meeting of Unit Owners.
(c) Within 30 days after the annual meeting, the Board shall approve the budget for the following year. The approved budget shall be delivered to all Unit Owners within five days of approval.
(d) Within 90 days, or as soon thereafter as practicable, after the close of each fiscal year, the Board shall make available to Unit Owners a year-end financial report, as reported by the annual CPA audit.
9.3 ANNUAL AUDIT
Within 90 days, or as soon thereafter as practicable, after the close of each fiscal year, the Board shall hire an independent auditor to perform an audit of the Financial Transactions of Beacon Place, with a report to be submitted to the Board.
9.4 THE BUILDING MANAGER’S FINANCIAL RESPONSIBILITIES
Under the Direction of the Board of Beacon Place:
(a) The Building Manager is responsible for maintaining all financial records associated with the operations of Beacon Place, including receipts and disbursements, vendor invoices, along with bank statements.
(b) The Building Manager coordinates his accounting activities with the Treasurer, the President, and the Board.
(c) The Building Manager is authorized to approve expenditures for the operations of the Office up to a maximum determined by the Board at the beginning of each year. The Board may adjust this amount as necessary during the year.
(d) The Building Manager is also authorized to approve expenditures for the upkeep of the building and the grounds up to a maximum determined by the Board at the beginning of each year. The Board may adjust this amount as necessary during the year.
(e) With prior approval of the Board, the Building Manager is authorized to sign contracts on behalf of Beacon Place.
9.5. SPECIAL ASSESSMENTS.
(a) If, after approval of the annual budget, the Board determines that additional monies are required, the Board may impose additional assessments in accordance with this section.
(b) The Board shall give the Unit Owners at least thirty days written notice of the additional assessment. The notice shall specify:
(i) the total monies required;
(ii) the specific purpose or purposes for which the monies will be used;
(iii) the amount to be assessed each Unit Owner; and
(iv) the time or schedule for payment of the assessments. Notice shall be given in accordance with Article IV, section 4.
(c) In accordance with the General Rule of the Pennsylvania Uniform Condominium Act, Until the Association makes a common expense assessment, the declarant shall pay all the expenses of the condominium. After any assessment has been made by the Association, assessments shall be made at least annually and shall be based on a budget adopted at least annually by the Association. The budgets of the Association shall segregate Limited Common Expenses from General Common Expenses if and to the extent appropriate.
(d) Allocation and interest, except for assessments under Special Allocations, common expenses shall be assessed against all the Units in accordance with the Common Expense liability allocated to each unit in the case of General Common expenses and in accordance with subsection (e) in the case of special allocations of expenses. Any past due assessment or installment thereof shall bear interest at the rate established by the Association not exceeding 15% per year.
(e) Special Allocations of Expenses, except as provided by the Declaration:
(i) Any Common Expense associated with the maintenance, repair or replacement of a Limited Common Element shall be assessed in equal shares against the Units to which that Limited Common Element was assigned at the time the expense was incurred.
(ii) Any Common expense benefitting fewer than all of the Units shall be assessed exclusively against the Units benefitted.
(iii) The costs of insurance shall be assessed in proportion to risk and the costs of utilities that are separately metered to each unit shall be assessed in proportion to usage.
(iv) If any Common Expense is caused by the negligence or misconduct of any Unit owner, the Association may assess that expense exclusively against his/her Unit.
(v) If Common Expense liabilities are reallocated, Common Expense Assessments and any installment thereof not yet due shall be recalculated in accordance with the reallocated Common Expense liabilities.
9.6. PAYMENTS BY UNIT OWNERS.
(a) At least 20 days before the beginning of each calendar year, the Board shall cause to be delivered to each Unit Owner a statement of the total monthly payment to be made by that Unit Owner.
(b) The annual maintenance charge shall be payable in twelve equal monthly installments beginning on the first day of January of each calendar year.
(c) If payment is not received by the fifth day of the month, a penalty shall be assessed in accordance with Rules to be promulgated by the Board.
9.7. ENFORCEMENT OF UNPAID CHARGES.
Any charge assessed against a unit may be enforced by the Board in any manner authorized by the Pennsylvania Uniform Condominium Act (68 Pa.C.S. 3101 et seq) by lien or otherwise, against the Unit against which the assessment is made and/or against the owner thereof. The enforcement shall seek recovery of interest and attorney fees. Any judgment against a unit and its owner shall be enforceable in the same manner as is otherwise provided by law.
9.8. RESERVE FUND.
The Board shall build up and maintain responsible reserves for working capital, operations, contingencies, and replacements. Extraordinary expenditures not originally included in the annual budget which may become necessary during the year may be charged first against such reserves. If the reserves are deemed to be inadequate for any reason, including non-payment of any Unit Owner’s assessments, the Board may at any time levy further assessments for Common Expense and/or Limited Expenses which shall be assessed against the Unit Owners either according to their respective Percentage Interests with regard to Common Expenses and/or in accordance with allocable shares of Limited Expenses with regard to Limited Expenses. Such further assessments shall be payable in one or more monthly payments as the Board may determine.
ARTICLE X – Building Insurance Coverage and Owner Responsibility
10.1. DUTY OF BOARD.
The Board shall maintain fire and other hazard and liability insurance on the Association’s property and take charge of disbursement of fire and other hazard insurance and other proceeds for repair or reconstruction of any portion of the property.
10.2. TYPES OF INSURANCE.
From the funds appropriated under and pursuant to the Annual Budget and paid to the Beacon Place by way of Monthly Maintenance Payments, the Board shall acquire and pay for:
(a) A policy or policies of fire and other hazard insurance for the full insurable value (replacement cost) of the building and improvements.
(b) A policy or policies of insurance insuring the Board and all of the Unit Owners against any liability to the public or to the Unit Owners and their agents, invitees, guests and employees, incident to the ownership and use of the Common Elements and the units.
(c) A policy of workers’ compensation insurance to the extent necessary to comply with applicable laws;
(d) A policy of Directors and Officers liability insurance to insure Board members for good faith actions taken as members of the Board,
(e) A Non-Owned Auto policy, and
(f) A Cyber Insurance policy.
10.3. FIRE AND HAZARD COVERAGE.
The fire and hazard insurance policies procured pursuant to section 2(a) shall be reviewed once a year and increased as necessary to provide maximum coverage. Such insurance shall be obtained in the name of the Beacon House as Trustee for all of the owners and their mortgagees, as their interest appears. The provisions hereof are not to be construed as diminishing the right of such owner to insure his particular unit for the owner’s individual benefit.
10.4. LIABILITY COVERAGE.
The liability coverage under the policies procured pursuant to section 2(b) shall not be less than that required by the Condominium Code of Pennsylvania.
10.5. UNIT OWNER’S INSURANCE.
(a) The Association shall require all Unit Owners to carry a minimum amount of liability coverage, and of loss assessment coverage and improvements and betterments coverage to cover the replacement cost of any improvements to their unit as determined by the Board. In addition, the Association may reasonably require, including, without limitation, insurance on all portions of the Unit. All insurance carried by Unit Owners shall comply with the provisions of this Article.
(b) All additional insurance obtained by any Unit Owner shall be at the expense of the Unit Owner provided, however, that the waivers of subrogation shall not invalidate such policies and no Unit Owner shall be entitled to exercise the right to maintain insurance coverage in such a way as to decrease the amount which the Association may realize under any insurance policy which the Association may have in force on the Condominium property at any particular time. Any Unit Owners shall be required to file a copy of the individual policy with the Association within thirty (30) days after purchase of such insurance.
(c) Every Unit Owner shall be required to file a copy of the individual policy with the Association within thirty (30) days after purchase of such insurance.
(d) The insurance may not be cancelled or substantially modified (except for the addition of property and increases in amount of coverage), without at least thirty (30) days prior written notice to the Association.
(e). All policies shall be written with an admitted insurance company licensed to do business in the Commonwealth of Pennsylvania and holding a rating equivalent to “A-“, or better, of A.M. Best.
ARTICLE XI – Conflict of Interest
11.1. AVOIDANCE OF CONFLICT.
Beacon Place shall not employ or contract with Board members or members of their immediate family, except after finding on the record that the particular person is specially qualified for the particular task or contract. Findings under this provision shall set forth the relationship and the reasons for the conclusion and shall be recorded in the minutes of the meeting at which the transaction was approved.
11.2. VALIDITY OF CONTRACTS WITH BOARD MEMBERS.
No contract or other transactions between the Association and one or more of its Board members or between the Association and any corporation, firm, or association in which one or more of the Board members are directors, officers, or employees, or are financially interested, shall be void or voidable because such Board member or members are present at any meeting of the Board which authorized or approved the contract or transaction, or because his or their votes are counted, if the circumstances specified in either of the following subparagraphs exists:
a. The fact that a Board member is also such a director or officer or has such financial interest is disclosed or known to the Board and is noted in the minutes thereof, and the Board authorizes, approves, or ratifies the contract or transaction in good faith by a vote sufficient for the purpose without counting the vote or votes of such Board member or members: or
b. The Contract of transaction is made in good faith and is not unconscionable to the Association at the time it is authorized, approved or ratified.
c. Transactions made in accordance with this Article shall be valid for all purposes.
ARTICLE XII – Rules and Regulations
12.1. SCOPE.
All regulations governing the details of the operation of Beacon Place and the use of the common elements shall be included in the Rules and Regulations.
12.2. POWERS OF BOARD.
The Board shall have power to promulgate, amend, and enforce the Rules and Regulations of Beacon Place. The enforcement power shall include the power to levy fines.
12.3. PROCEDURES.
The Rules and Regulations and amendments thereto shall be promulgated by the Board in accordance with the following procedures:
(a) A Rules and Regulations Committee shall be authorized by the Board, Chaired by the President. Members of this committee shall be unit owners in good standing with Beacon Place. This Committee will present to the Board concerns and questions regarding the preparation of or modification of the Rules and Regulations.
(b) Rules shall be adopted by majority vote of the Board at a meeting and delivered promptly to Unit Owners.
(c) Newly adopted Rules shall be incorporated into the Rules and Regulations with a notation of the date of amendment.
12.4. EMERGENCY SITUATIONS.
The Board shall have the power to waive the requirements of Section 3 upon finding that an emergency exists that requires immediate action. The substance of the finding shall be included in the minutes of the Board. Rules adopted in this manner shall take effect provisionally and shall be binding and enforceable, but shall then be subject to the procedures set forth in Section 3 before they are finally adopted.
ARTICLE XIII – LESSEES
13.1. Unit Owners may lease their individual units; provided however, that said Unit may be leased by Unit Owner only for a term of not less than one year. Any lease of a Unit shall be in writing in a from approved by the Executive Board, shall contain a clause that makes any breach of any of the Condominium Documents a breach of said lease, and a cause for termination thereof. A copy of all leases shall be furnished to the Association within ten (10) days after execution thereof. The rights of any lessee of any Unit shall be subject to, and each of the lessees shall be bound by, the covenants, conditions and restrictions contained in any of the Condominium Documents. The Owner of any leased Unit shall be jointly and severally responsible with any tenant for full compliance with all the terms and conditions of the condominium documents. (Declaration of Condominium, Vol 6805, Page 359)
13.2. Any lease of a Unit between family members, or occupancy by a Unit Owner’s family members shall not be deemed a lease pursuant to these Bylaws. For the purposes of this Section, family members shall be defined as the Unit Owner’s parents, siblings, children, grandparents, adult grandchildren, and step-relatives or trusts of the same.
13.3. Lessees must meet the requirements for occupancy/ownership as articulated in Article II, above.
ARTICLE XIV – General Provisions
14.1. EXECUTION OF INSTRUMENTS AND CONTRACTS.
All bills payable, notes, checks or other negotiable instruments and all contracts shall be made in the name of Beacon Place, a Condominium, and shall be executed by the President or Vice President and the Secretary or Treasurer, unless otherwise authorized by the Board.
14.2. NOTICE TO UNIT OWNERS AND BOARD MEMBERS.
Any notice required by these Bylaws shall be furnished by the management of Beacon Place.
14.3. ALTERATION OR SALE OF COMMON ELEMENTS.
Before making any change that substantially alters the structure or use of a common element and before selling or offering to sell any real property owned by the Beacon Place, the Board shall give the Unit Owners at least thirty days written notice of the proposed alteration or sale.
14.4. NOTICE TO MORTAGE LENDERS.
Upon written request to the Board by the holder of any duly recorded mortgage against any Unit, the Board shall give such mortgage holder a copy of any and all notices permitted or required by the Declaration or these Bylaws to be given to the Unit Owner whose interest is subject to such mortgage.
ARTICLE XV – Liability and Indemnification of Board and Officers
15.1. GENERAL PROVISIONS. Each Unit Owner shall be bound by the good faith actions of the Board members and Officers of the Association in the execution of the duties of said Board members and Officers. Unless acting in bad faith, no Board member or Officer shall be liable to any Unit Owner or other person for any action or lack of action arising out of the execution of his office.
15.2. INDEMNIFICATION. Each member and officer of the Board, and each manager, and each member of any committee appointed by the Board or the President, and each former Board member and Officer, shall be indemnified by the Association against the costs and expenses as reasonably incurred by him in connection with the defense of any pending or threatened action, suit or proceeding, criminal or civil, to which he is or may be made a party by reason of his being or having been such Board member or Officer (whether or not he is a member or officer or manager, or member of any committee at the time of incurring such costs and expenses), except with respect to matters as to which he shall be adjudged in such action, suit or proceeding to be liable for willful misconduct or gross negligence in the performance of his duty as a member or officer of Board or manager or member of any committee appointed by Board.
ARTICLE XVI – Modification, Amendment, and Construction
16.1. MODIFICATION OR AMENDMENT.
Notwithstanding anything in these By Laws to the contrary, these Bylaws may be altered, revised, or modified upon the written consent or vote of fifty (50) percent of the Unit Owners voting on such a change. Additionally, if any amendment is necessary in the judgment of the Executive Board to cure any ambiguity or to correct or supplement any provision of these By Laws that is defective, missing, illegal, or inconsistent with any other provision hereof, or with the Act or the Declaration, then at any time and from time to time, the Executive Board may effect an appropriate corrective amendment without the approval of the Unit Owners or the holders of any liens on all or any part of the Property, upon receipt by the Executive Board of an opinion from independent legal counsel to the effect that the proposed amendment is permitted by the terms of this sentence.
16.2. CONSTRUCTION AND SEVERABILITY.
(a) The provisions of these Bylaws shall be construed to effectuate its purpose of creating a uniform plan for the development and operation of a condominium apartment building. Failure to enforce any provision thereof will not constitute a waiver of the right to enforce said provision or any other provision hereof.
(b) In the event of any conflict or inconsistency between these Bylaws and the Declaration, the Declaration shall govern.
(c) In the event of any conflict or inconsistency within these Bylaws or the Declaration with the Pennsylvania Uniform Condominium Act, the Condominium Act shall govern.
(d) The provisions of these Bylaws shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any provision shall not invalidate or make unenforceable the remaining provisions.