Many Pennsylvania residential developments and communities are governed by a homeowners’ association (HOA). These associations manage shared property, collect dues and assessments, and enforce rules that apply to the community. The specific authority of an HOA depends on the development’s structure and the governing documents adopted by the association.
HOAs commonly use property management software to help keep everything organized. Read on to learn more about Pennsylvania HOA laws and how they apply to you.
Who Regulates HOAs in Pennsylvania?
Pennsylvania regulates many homeowners’ associations through the Uniform Planned Community Act (UPCA), located in Title 68, Chapters 51–54 of the Pennsylvania General Assembly. The UPCA governs many planned communities in Pennsylvania and establishes the legal framework for associations that manage shared property and community operations.
In addition to state law, each HOA relies on its own governing documents to operate the community. Although every association organizes its documents slightly differently, most HOAs maintain a set that includes:
- Articles of Incorporation
- Bylaws that describe board operations and voting procedures
- A Declaration of Covenants, Conditions, and Restrictions
- Additional community rules as adopted by the board
Federal housing laws may also affect HOA governance. For example, associations must comply with the Fair Housing Act and other federal regulations addressing housing discrimination and accessibility. Other federal laws may apply, including the Americans with Disabilities Act of 1990 and the Code of Federal Regulations.
Several Pennsylvania statutes may also affect HOA operations depending on the association’s legal structure, including:
- Pennsylvania Human Relations Act
- Pennsylvania Real Estate Cooperative Act
- Pennsylvania Nonprofit Corporation Law
These laws address corporate governance, housing rights, and property ownership structures that intersect with HOA operations.
How to Find HOA Regulations in Pennsylvania
Not all HOA governing documents are publicly available in Pennsylvania. However, associations must record certain documents that establish the community and define property rights.
The HOA must record its declaration in the county where the development is located. This document describes the property included in the planned community, identifies common elements, and outlines the basic obligations of property owners.
Because the county Recorder of Deeds records the declarations, they are public records . Anyone can obtain a copy through the recorder’s office in the appropriate county .
Some additional information about an HOA may also appear in business records maintained by the Pennsylvania Department of State . These records can show details such as the organization’s filing date, corporate status, and registered officers.
Other internal documents, such as bylaws or community rules, are usually maintained by the association itself and are typically available only to HOA members .
HOA Powers in Pennsylvania
Pennsylvania law grants HOAs several powers to manage shared property and enforce community standards. These powers generally derive from the Uniform Planned Community Act and the association’s governing documents.
In most planned communities, an HOA may:
- regulate the use of common areas
- collect assessments used to maintain shared property
- charge late fees for unpaid assessments
- suspend access to common facilities when owners violate association rules
- impose reasonable fines for rule violations
- place liens on property for unpaid obligations and pursue foreclosure when necessary
The association’s governing documents may also authorize additional rules that address architectural standards, parking restrictions, fencing, landscaping, and exterior property modifications.
Can an HOA Impose Fines on a Homeowner in Pennsylvania?
Yes. Homeowners’ associations in Pennsylvania commonly enforce community rules by issuing fines or other penalties for violations.
Before imposing a fine, the HOA must give the homeowner notice of the alleged violation and an opportunity to respond. The governing documents usually describe the procedures for issuing fines and the amount of penalties that may apply.
Associations may also charge fees related to late payments of assessments or other obligations established by the HOA .
Certain homeowner rights are protected under federal law. For example, HOAs generally cannot prohibit homeowners from displaying the American flag in accordance with federal flag display rules or installing satellite dishes or television antennas protected under federal regulations .
Associations may still adopt reasonable guidelines that regulate how these items are displayed or installed within the community.
Can an HOA Take a Homeowner’s House in Pennsylvania?
An HOA in Pennsylvania may place a lien on a property when a homeowner fails to pay assessments or other charges owed to the association.
If the homeowner does not resolve the debt, the association may enforce the lien through foreclosure proceedings . Pennsylvania law allows HOAs to pursue this action when unpaid obligations remain outstanding.
Although an HOA may foreclose on a lien, the association does not directly evict homeowners from their property.
If a property is a rental, eviction matters typically fall under Pennsylvania landlord–tenant law. However, the association’s governing documents may include rules that affect leasing arrangements within the community.
Can an HOA Enter a Homeowner’s Property in Pennsylvania?
Pennsylvania HOA laws allow the association to enter a homeowner’s property to make reasonable modifications for a person with disabilities . Additionally, in some situations, an HOA may enter a homeowner’s property to carry out maintenance or address issues affecting shared property.
For example, the association may need access to repair common elements in the community or complete modifications required to accommodate individuals with disabilities.
A homeowner’s unit remains private property; however, certain components, such as balconies or structural features connected to shared areas, may require maintenance performed by the HOA.
Except in emergencies, the association generally provides advance notice before entering a property. The exact notice requirements usually appear in the HOA’s governing documents, but most HOAs try to give at least 1 to 2 weeks’ notice.
Where Do Homeowners File Complaints Against Their HOA in Pennsylvania?
Under Pennsylvania HOA laws, the appropriate place to file a complaint depends on the type of issue.
If a homeowner believes an HOA engaged in housing discrimination, they may file a complaint with the Pennsylvania Human Relations Commission or the U.S. Department of Housing and Urban Development. Homeowners may also pursue legal action in state or federal court.
You may direct complaints involving debt collection practices or HOA fees to agencies such as the Pennsylvania Office of the Attorney General, the Federal Trade Commission, or the Consumer Financial Protection Bureau. You must file claims under the Fair Debt Collection Practices Act within one year of the violation.
Other disputes involving HOA governance or rule enforcement get resolved through Pennsylvania state courts.
Joining and Leaving an HOA in Pennsylvania
When someone purchases property within a planned community governed by an HOA, membership in the association typically becomes mandatory. Homebuyers usually receive copies of the association’s governing documents during the closing process .
Once a homeowner purchases property in the community, they generally must comply with the HOA’s rules and pay required assessments.
A homeowner cannot simply opt out of a mandatory HOA while continuing to own property within the community. Leaving the association usually requires selling the property or successfully petitioning the association to remove the home from the development.
How to Dissolve an HOA in Pennsylvania
The governing documents of the association usually describe the procedure for dissolving an HOA.
If the documents do not provide for a process, members must vote on dissolution at an association meeting. In many cases, a large majority of homeowners must approve the termination.
Pennsylvania law often requires approval from at least 80 percent of unit owners before dissolving a planned community.
If the required vote occurs, the association must prepare a termination agreement signed by the approving owners. Once the counties where the HOA property exists record the agreement, the association is dissolved .
Pennsylvania HOA Laws FAQs
Do Pennsylvania HOAs have to follow the Uniform Planned Community Act?
Many planned communities in Pennsylvania are governed under the Uniform Planned Community Act (UPCA), which sets rules for how HOAs should run. However, the specific provisions that apply can depend on when the developer created the community and how the development is structured.
Can a homeowners’ association restrict solar panels in Pennsylvania?
HOAs in Pennsylvania may set guidelines for solar installations, particularly when they affect the exterior appearance of a property or shared structures. However, associations generally can’t impose restrictions that prevent homeowners from installing solar energy systems that meet safety and building requirements.
How much notice must an HOA give before charging late fees in Pennsylvania?
Pennsylvania HOA laws allow an association to charge homeowners late fees; however, the HOA must notify homeowners of any unpaid assessments before adding additional penalties, including liens or foreclosure.
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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