(a) Secured lender
approval.--The declaration may require that all or a specified number or
percentage of the mortgagees or beneficiaries of deeds of trust encumbering
the units approve specified actions of the unit owners or the association
as a condition to the effectiveness of those actions but no requirement
for approval may operate to:
(1) deny or delegate
control over the general administrative affairs of the association by the
unit owners or the executive board; or
(2) prevent the association
or the executive board from commencing, intervening in or settling any litigation
or proceeding or receiving and distributing any insurance proceeds pursuant
to section 3312 (relating to insurance).
(b) Secured lender
approval procedures.--If the declaration requires mortgagees or beneficiaries
of deeds of trust encumbering the units to approve specified actions of
the unit owners or the association as a condition to the effectiveness of
those actions, then the executive board will provide the lender with written
notice of the specified action proposed to be taken, together with a request
for the secured lender to approve or disapprove the actions specified. If
the notice to the secured lender, issued in accordance with the procedures
set forth in this subsection, states that the secured lender will be deemed
to have approved the actions specified in the written notice if it does
not respond to the request within 45 days, and the secured lender does not
respond in writing within 45 days, then the secured lender will be deemed
for all purposes to have approved the actions specified in the notice. Written
notice to the secured lender shall be given by certified, registered or
first-class mail, as evidenced by United States postal service certificate
of mailing, postage prepaid, at the address provided by the secured lender,
or in the absence thereof, at the address of the secured lender endorsed
on any mortgage or deed of trust of record and at the address to which the
unit owner mails any periodic payment paid to the secured lender. The notice
to the secured lender shall include a statement of the specified action
and a copy of the full text of any proposed amendment and a form prepared
by the association upon which the secured lender may indicate its approval
or rejection of the specified action or amendment.