Not legal advice. This is a general educational overview of Pennsylvania HOA law. Laws change and vary by community type and governing documents. Always consult a licensed Pennsylvania attorney for advice specific to your HOA.
Pennsylvania Uniform Planned Community Act (68 Pa. C.S. § 5101 et seq.)
Pennsylvania adopted the Uniform Planned Community Act (UPCA), providing a comprehensive governance framework for planned community HOAs modeled on national model law. The UPCA requires financial record maintenance, annual disclosures, open board meetings, and gives associations a 6-month super-priority assessment lien over first mortgages. Pennsylvania also has a separate Uniform Condominium Act with a parallel structure, and condominium associations benefit from the same super-priority lien provision.
Every HOA in Pennsylvania is governed by a combination of state law and its own governing documents - typically the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and rules and regulations. Where state law and governing documents conflict, state law generally controls. Where state law is silent, the governing documents fill the gap.
Regardless of what any individual HOA's governing documents say, Pennsylvania homeowners in HOA communities generally have the right to:
When a homeowner fails to pay assessments in Pennsylvania, the HOA's typical collection process follows these steps:
Pennsylvania's specific procedures, notice periods, and lien priority rules are set by Pennsylvania Uniform Planned Community Act (68 Pa. C.S. § 5101 et seq.) and the association's governing documents. Boards should consult legal counsel before initiating collection actions.
Most Pennsylvania HOAs can impose fines for rule violations, but procedural requirements must be followed. In general:
The procedural requirements under Pennsylvania HOA law - notice before fines, member record access, financial transparency - are exactly what good HOA software automates:
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Start free →The Pennsylvania UPCA (68 Pa. C.S. § 5101 et seq.) requires HOA boards to maintain financial records and make them available to members on request, hold annual meetings with proper notice, conduct elections in accordance with the act and governing documents, and follow specified procedures for assessment lien recording and enforcement. The UPCA is based on a national model law and provides a comprehensive governance framework for Pennsylvania planned community HOAs.
Under 68 Pa. C.S. § 5315, a Pennsylvania HOA's assessment lien has a limited super-priority over first mortgages for a specified amount -- generally 6 months of assessments. For the super-priority portion, the HOA lien ranks ahead of the first mortgage in a foreclosure. For amounts beyond the super-priority cap, the HOA lien is subordinate to the first mortgage. This structure affects lender practices in Pennsylvania planned communities.
No. Pennsylvania has separate statutes for planned community HOAs (the UPCA, 68 Pa. C.S. § 5101) and condominium associations (the Uniform Condominium Act, 68 Pa. C.S. § 3101). Both are based on national model laws and have similar structures, but condominiums have additional provisions specific to shared-ownership units and common elements. The applicable statute depends on how the community was legally organized at the time of creation.
The Pennsylvania UPCA encourages reserve planning and financial transparency, but does not impose a strict statutory mandate for planned community HOAs to maintain a specific reserve fund level. Condominium associations under the Uniform Condominium Act have similar reserve planning expectations. Financial advisors recommend that Pennsylvania HOAs conduct reserve studies and fund reserves adequately for their common element needs.
Pennsylvania has no dedicated state agency for HOA dispute resolution. Homeowners with complaints must use whatever internal dispute resolution procedures appear in their governing documents, pursue mediation or arbitration if available, or file a civil lawsuit in the Pennsylvania Court of Common Pleas. A Pennsylvania real estate attorney familiar with the UPCA can help evaluate the best approach for a specific dispute.