In Pennsylvania, certain planned communities are governed by a homeowners association (HOA). Their powers and responsibilities vary based on the property type and governing documents.
Who Regulates HOAs in Pennsylvania?
In Pennsylvania, HOAs are regulated by the Uniform Planned Community Act (UPCA) found in Title 68 Chapters 51-54 of the Pennsylvania General Assembly. This act applies to all planned communities that hold more than 12 units and creates responsibilities for HOAs to oversee these communities.
HOAs traditionally have documents that regulate themselves. While every HOA is different, the governing documents typically include: Articles of Incorporation, Bylaws, Declaration of Covenants, Conditions and Restrictions, and other rules.
HOAs in Pennsylvania may be subject to applicable federal laws such as:
HOAs may be subject to certain state laws such as:
- Pennsylvania Human Relations Act
- Pennsylvania Real Estate Cooperative Act
- Pennsylvania Nonprofit Corporations Act
How to Find HOAs Regulations in Pennsylvania
Not all HOA documents are public in Pennsylvania. An HOA must record a declaration in every county where the HOA property is located.
Declarations contain descriptions of building structures and development items which are considered public records. Anyone can obtain these records by going to the Recorder of Deeds in the appropriate county.
HOA information such as the filing date, effective date, business type, status, officers, general partners, or fictitious name owners can be obtained by the Pennsylvania Department of State online, over the phone, or in writing.
Bylaws and other governing documents of the HOA are not public records in Pennsylvania. These documents are kept under the records of the HOA.
HOA Powers in Pennsylvania
In Pennsylvania, the HOA has the power to:
- Regulate common areas
- Collect payments to maintain and operate the common areas
- Impose charges for late payment of assessments
- Suspend rights to common facilities and amenities
- Levy reasonable fines
- Foreclose on a house for unpaid liens’
Also, HOA governing documents can grant more powers such as restrictions on exterior paint colors, fencing, membership, and parking requirements.
Can an HOA Impose Fines on a Homeowner in Pennsylvania?
An HOA can impose fines on a homeowner in Pennsylvania. HOAs must give homeowners an opportunity to be heard before imposing charges.
Charges can involve late payment of assessments and violations of the declarations, bylaws, and rules and regulations of the HOA. The HOA’s governing documents will likely note the amount and types of fees in a homeowner’s HOA as well as notice requirements for such fees.
An HOA cannot fine a homeowner (or generally prohibit) the display of the American flag so long as the flag is displayed in a manner consistent with federal flag display law or install satellite dishes and antennas.
An HOA’s governing documents may include reasonable rules and regulations regarding the placement and manner of display of the American flag and solar panels
Can an HOA Take a Homeowner’s House in Pennsylvania?
An HOA in Pennsylvania can foreclose on a home within its community. HOAs have the power to place a lien on a property when the owner neglects to pay their dues. If a lien goes unresolved, the HOA can foreclose on the house.
An HOA cannot evict a homeowner. If an HOA directly leases a residence to a tenant, they may be able to evict the tenant. For example, an HOA may be able to evict a tenant if the lease was not properly authorized by the HOA.
In addition, the HOA may have other powers or restrictions regarding rental properties in its governing documents.
Can an HOA Enter a Homeowner’s Property in Pennsylvania?
In Pennsylvania, an HOA can enter a homeowner’s property to make reasonable modifications to accommodate people with disabilities. HOAs may also enter units, common elements, or shared utilities to provide reasonable modifications, repairs, and maintenance.
Units are private spaces only intended for the property owner’s use but have certain spaces that require maintenance by the HOA, such as balconies. Common elements are the shared spaces around the units owned by the HOA, such as elevators. Shared utilities may include water or trash removal directly provided by the HOA.
Except in the case of an emergency, the HOA must generally give prior notice before entering the property. Usually, an HOA will give 1-2 weeks’ notice, but the timeline of the notice is ultimately determined by the governing documents.
Where Do Homeowners File Complaints Against Their HOA in Pennsylvania?
The appropriate agency to file a complaint against an HOA depends on the type of complaint.
If a homeowner feels they are a victim of housing discrimination, they can file a complaint with the Pennsylvania Human Relations Commission, the U.S. Department of Urban Housing, or file a private lawsuit in Pennsylvania state or federal court.
For complaints concerning HOA fees, a homeowner can file a complaint with the Office of the Attorney General, the Federal Trade Commission, or the Consumer Financial Protection Bureau. Under the Fair Debt Collection Practices Act, homeowners may also file in state or federal court within one year of the violation date.
A homeowner can bring all other complaints to state court in the appropriate jurisdiction by filing a claim.
Joining and Leaving an HOA in Pennsylvania
In Pennsylvania, if a person purchases a home in a neighborhood with a preexisting HOA, they are required to join and abide by the HOA rules. The homeowner should be presented with documents explaining the HOA and its rules at the closing of the home purchase.
If a person bought a house in a neighborhood with an HOA, they cannot simply leave or opt-out of the HOA. To leave an HOA, the homeowner can sell their house or try to petition the HOA to have their home removed from the association, but there is no guaranteed right that the petition will be granted.
How to Dissolve an HOA in Pennsylvania
The process for dissolution of an HOA in [state] may be set forth in the HOA’s governing documents. If not listed, a majority vote by members of the HOA at a meeting is required to move forward with the dissolution.
Homeowners must come to a majority vote of at least 80% to approve the dissolution of an HOA. If approved, the agreeing unit owners sign and date the termination agreement. Once the termination agreement has been recorded in every county where the HOA has property, it is considered dissolved.
Sources
- 1 68 Pa. Cons. Stat. § 5201
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A planned community may be created pursuant to this subpart only by recording a declaration executed in the same manner as a deed by all persons whose interests in the real estate will be conveyed to unit owners and by every lessor of a lease, the expiration or termination of which will terminate the planned community or reduce its size… The declaration must be recorded in every county in which any portion of the planned community is located, must be indexed in the same records as are notarized for the recording of a deed and shall identify each declarant as the grantor and the name of the planned community as grantee.
Source Link - 2 Land Records Overview
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Deeds transferring land titles between private citizens, either after or during the patenting process, are maintained at the office of the Recorder of Deeds for the appropriate county.
Source Link - 3 Record Searches
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The Bureau of Corporations and Charitable Organizations searchable database is available online… the customer service representatives may search two entity names per call. Our representatives can provide the entity number, the exact entity name, filing date, the effective date, if any, the business type, status and when available, officers, general partners or fictitious name owners… You may reach the bureau by telephone by calling (717) 787-1057. The telephone lines are available from 8:00 am to 4:45 pm… Written printouts of record searches are available for a $15 fee per entity number. Record searches will provide a complete filing history of an entity. You may request a written search by submitting a letter to the bureau at: Department of State, Bureau of Corporations and Charitable Organizations, PO Box 8722, Harrisburg, PA 17105-8722. Your letter must contain the name and address of the entity to be searched.
Source Link - 4 FAQ
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Q: Are bylaws required to be filed with filing documents?
A: No. Bylaws are kept with the records of the business.
Source Link - 5 68 Pa. Cons. Stat. § 5302
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…the association, even if unincorporated, may… (6) Regulate the use, maintenance, repair, replacement and modification of common elements… (10) Impose and receive payments, fees or charges for the use, except as limited by other provisions of this subpart, rental or operation of the common elements… (11) Impose charges for late payment of assessments and, after notice and an opportunity to be heard: (i) Levy reasonable fines for violations of the declaration, bylaws and rules and regulations of the association. (ii) For any period during which assessments are delinquent or violations of the declaration, bylaws and rules and regulations remain uncured, suspend unit owners’ rights… of access to common elements, recreational facilities or amenities… (16) Exercise any other powers necessary and proper for the governance and operation of the association.
Source Link - 6 4 U.S.C. § 5
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A condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use.
Source Link - 7 Over-the-Air Reception Devices Rule (OTARD Rule)
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Enforceable placement preferences must be clearly articulated in writing and made available to all residents of the community in question. A requirement that an antenna be located where reception or transmission would be impossible or substantially degraded is prohibited by the rule… A valid enforceable placement preference should not contain prohibited provisions such as prior approval or require professional installation… when an antenna is professionally installed, the installer often determines the location of the antenna at the time of installation based upon the type of antenna installed and the ability of the antenna to receive an acceptable quality signal.
Source Link - 8 68 Pa. Cons. Stat. § 5315
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The association has a lien on a unit for any assessment levied against that unit or fines imposed against its unit owner from the time the assessment or fine becomes due. The association’s lien may be foreclosed in a like manner as a mortgage on real estate.
Source Link - 9 68 Pa. Cons. Stat. § 5302
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(6) Regulate the use, maintenance, repair, replacement and modification of common elements and make reasonable accommodations or permit reasonable modifications to be made to units, the common facilities, the controlled facilities or the common elements, to accommodate people with disabilities, as defined by prevailing Federal, State or local statute, regulations, code or ordinance, unit owners, residents, tenants or employees.
Source Link - 10 68 Pa. Cons. Stat. § 5301
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A unit owners’ association shall be organized no later than the date the first unit in the planned community is conveyed to a person other than a successor declarant. The membership of the association at all times shall consist exclusively of all the unit owners…
Source Link - 11 68 Pa. Cons. Stat. § 5220
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…a planned community may be terminated only by agreement of unit owners of units to which at least 80%… An agreement to terminate must be evidenced by the execution or ratification of a termination agreement, in the same manner as a deed, by the requisite number of unit owners who are owners of record as of the date preceding the date of recording of the termination agreement. The termination agreement must specify the date it was first executed or ratified by a unit owner…. A termination agreement and all ratifications thereof must be recorded in every county in which a portion of the planned community is located… A termination agreement is effective only upon recording.
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