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:
(1) 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.
(2) The association
articles of incorporation, if incorporated, with evidence of filing with
the Department of State.
(3) A copy of the
bylaws.
(4) A complete set
of all executive board minutes and resolutions and all other books and records
of the association.
(5) A complete copy
of all rules and regulations that may have been adopted.
(6) 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.
(7) Copies of all
past and current budgets of the association.
(8) 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.
(9) 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.
(10) All association
funds or control thereof.
(11) 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.
(12) 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).
(13) All insurance
policies insuring the association then in force.
(14) 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.
(15) 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)(26) (relating to public
offering statement; general provisions).
(16) 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.
(17) A roster of
unit owners and mortgagees and their respective addresses and telephone
numbers, if known, as shown on the declarant's records.
(18) Employment
contracts in which the association is or is to be one of the contracting
parties.
(19) 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.