HOA LAWS AND REGULATIONS

  • Federal HOA Laws - In addition to state law regulations, the federal government has laws that govern homeowners' associations, condominiums, and other residential properties in Pennsylvania.

  • Pennsylvania Uniform Condominium Act (UCA), Pa. Cons. Stat. §§ 3101, et seq.: The Act applies to condominiums created after the Act's effective date (120 days from July 2, 1980). However, certain provisions apply to all condominiums regardless of the date of their creation as long as the events involved occurred after the UCA became effective. See Pa. Cons. Stat. § 3102(a).

  • Pennsylvania Uniform Planned Community Act (UPCA), Pa. Cons. Stat. §§ 5101, et seq.: The UPCA generally applies to all planned communities with more than 12 units created after the Act's effective date, unless the community falls under the many exceptions outlined under §5102(a) of the UPCA. The UPCA was approved on December 19, 1996, and became effective 45 days later on February 3, 1997. See Pa.C.S. § 1908 (Computation of time). Additionally, the sections outlined in §5102(b) and (b.1)(1) of the UPCA apply retroactively to all planned communities created before the effective date. However, those sections apply only concerning events and circumstances occurring after the effective date and do not invalidate specific provisions contained in existing provisions of the declaration, bylaws, or plats and plans of those planned communities. See also, Pa. Cons. Stat. §5102(c) (Nonflexible planned communities), and §5102 (d) (Amendments to declarations, bylaws, plats, and plans).

  • Pennsylvania Real Estate Cooperative Act, Pa. Cons. Stat. §§ 4101, et seq., recognizes and provides a legal framework relating to the general purpose of cooperative associations in Pennsylvania.

  • Pennsylvania Nonprofit Corporation Law of 1988, as amended, 15 Pa. C.S.A. §§ 5101 through 6146: The Act governs non-profit corporations with regard to corporate structure and procedure. If a condominium or planned community association is organized as a non-profit corporation, it will be governed by the Act. Visit Pennsylvania's Department of State to find an association's corporate status.

  • Pennsylvania Human Relations Act (PHRA), Act of October 27, 1955, P.L. 744, as amended, 43 P.S. §§ 951-963. The PHRA was enacted to protect Pennsylvanians from discrimination because of race, color, familial status, religious creed, ancestry, handicap or disability, age, sex, national origin, the use of a guide or support animal because of the blindness, deafness, or physical handicap of the user or because the user is a handler or trainer of support or guide animals in employment, housing, and public accommodation opportunities (43 P.S. §§ 952 and 953). See also, 43 P.S. § 955(h) and (i) (Unlawful discriminatory practices), 43 P.S. § 954 (Definitions), and 18 Pa.C.S. § 7325 (Discrimination on account of service, guide or support dog or other aid animal) for associations with common elements open to the general public. These state-level protections are similar to the federal Fair Housing Act (FHA) and the Americans With Disabilities Act (ADA). Victims of housing discrimination may file a complaint with the Pennsylvania Human Relations Commission, HUD, or file a private lawsuit in federal or state court. 

    Recommended Reading:

  • Pennsylvania American, Commonwealth, and Military Flag Act (Act 93 of 2006). The Act was signed into law on July 7, 2006, providing for the display of the American flag, Commonwealth flag, or military flag by residents in a unit owners association, homeowners association, or master associations. Under the Act, an association cannot prohibit the outdoor display of one American flag, Commonwealth flag, and military flag by a unit owner on the owner's property if the American flag is displayed in a manner consistent with 4 U.S.C. §§ 4 through 10 and a Commonwealth flag or military flag is displayed following any rules and regulations adopted by the association. An owners' association could adopt rules concerning the location, size, and use of flagpoles but cannot prohibit the use of wall brackets for flag display. The American flag, Commonwealth flag, and the military flag to be flown cannot be larger than five feet by three feet. Act 93 of 2006, § 2, and §3(a).

GOVERNMENT AGENCIES

  • Federal Agencies - List of federal agencies with oversight authority over homeowners' associations.

  • Pennsylvania Government Portal - Search for government information by topic and agency.

  • Pennsylvania Human Relations Commission - The Commission has the authority to investigate alleged violations of housing discrimination. It may issue a charge if it concludes probable cause exists to believe that unlawful discrimination has occurred. 

  • Disability Rights Pennsylvania - The agency helps Pennsylvanians with disabilities access community services, resolve discrimination and ADA compliance issues, and obtain information related to assistive technology, voting access, and access to medical assistance services.  

  • Pennsylvania Bureau of Consumer Protection - Condominiums, cooperatives, and planned communities must have alternative dispute resolution procedures in the bylaws for settling a dispute by means other than litigation, such as arbitration or mediation. A unit owner in good standing (current in payment of assessments and fines, unless the assessments or fines are directly related to a complaint) may file a complaint with the Bureau in the event of a violation by the declarant or the association relating to meetings, quorums, voting; proxies, and association records. See Act of May. 4, 2018, P.L. 96, No. 17 (2018 Act 17). 

  • Pennsylvania Attorney General - The attorney general's office plays an important role in protecting the state's citizens. Under the Uniform Planned Community Act, planned communities must register with the Attorney General's Office and deposit a bond or letter of credit. 68 Pa.C.S. § 5408 (Escrow of deposits).

  • Pennsylvania Real Estate Commission - The Commission is responsible for the licensure, education, and discipline of real estate professionals.

  • Pennsylvania Department of State - The government agency provides information on elections, businesses, licensing, and securities.

HOA CONTACT INFORMATION AND DOCUMENTS

  • Association Records and Inspection - After a written request, members of condominium and planned communities have a statutory right to inspect, examine, and make copies of the association records, including all financial records, executive meetings, and other records outlined in the relevant statute. See Pa. Cons. Stat. §3316 of the Uniform Condominium Act and Pa. Cons. Stat. §5316 of the Uniform Planned Community Act. See also, 15 Pa.C.S. § 5508(b) (Corporate records; inspection by members) for associations subject to the Nonprofit Corporation Law of 1988.

    If an association fails to provide a copy of the annual financial statements and, if applicable, the report of an independent accountant as required to the requesting unit owner within 30 days of the unit owner's written request or if the financial records of the association which substantiate an association's financial statements are not made reasonably available by any association for examination by any unit owner and authorized agents, the unit owner may file a complaint with the Pennsylvania Bureau of Consumer Protection in the Office of Attorney General. See Pa. Cons. Stat. §5316(c) (planned communities) and Pa. Cons. Stat. §3322 (condominiums).

  • HOA Directory - Search under the community's name or subdivision to find the association's contact information, list of board members, association's articles of incorporation, and other relevant corporate information.

  • Recorded HOA Document Search - Visit the county recorder's office where the property or association is located to find an association's Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Amendments to CC&Rs, Bylaws, Lien Notices, HOA Notices, Plats, and Maps. The association's CC&Rs must be recorded with the county land records to be enforceable.

LEGAL RESOURCES

DISCOVER MORE

Educational HOA articles. Giving you facts, not opinions.
Homeowners' Association As Vacation Destination: Short-Term Rental Restrictions in HOAs

Even if a community has a valid reason to restrict short-term rentals, it still needs legal and/or contractual authority to support the restriction. Typically, the authority comes from an HOA's declaration, from state law, or a combination of the two. A declaration is a contract among property owners in a community. The owners jointly agree to accept certain obligations and restrictions on how properties in the community can be used. If everyone complies, the community as a whole will benefit—or at least that is the idea.

Enforcing Conformity: Home Improvement Projects And Architectural Review Boards In HOAs

The U.S. legal system generally views any land-use restrictions with suspicion. However, the law also recognizes that reasonable restrictions are sometimes justified if they benefit the community as a whole. With that in mind, courts throughout the country have consistently upheld the right of HOAs to impose architectural restrictions as long as the restriction serves a legitimate purpose, is within the association's power under state law and/or the community's declaration, and does not violate any other law or public policy.

Step-By-Step Guide To The HOA Assessment Collections Process

When you purchase a property in a community with a homeowners’ association, you’re also acquiring the obligation to pay regular assessments. Unfortunately, though, homeowners are sometimes financially unable to pay assessments. Homeowners faced with potential collections action must understand how the HOA collections process works and the legal rights and redress available for both homeowners and the association. This guide will help all community members, including the board, resolve conflict, and avoid escalation.

Preventing the Spread of COVID-19 Within HOA Communities

On March 11, 2020, the World Health Organization declared the outbreak of COVID-19 (the medical condition caused by the novel coronavirus SARS-CoV-2), a global pandemic. HOAs and condominium associations have an essential role to play in slowing the spread of COVID-19. By applying the Center for Disease Control and Prevention (“CDC”) recommendations in the planned community setting, HOA board members, owners, residents, visitors, and employees can help prevent illness in their communities and keep their loved ones, friends, and neighbors healthy and safe.

HOA Powers and Obligations In Emergency Situations

The fundamental purpose of a homeowners’ association is to benefit the community and its members. Usually, that means preserving the aesthetic beauty of the neighborhood by maintaining common areas and ensuring homeowners keep up their properties. Or, it might mean using pooled resources to make life easier for the entire community—through road and sidewalk repairs or snow removal, for instance. Most of the time, the overall goal is to increase property values and raise the living standard in the community. In an emergency, though, an HOA’s role can take on an entirely new dimension.

Weathering The Storm: Coronavirus And Its Financial Impact on Homeowners

One way or another, future historians will consider the Coronavirus Pandemic among the most noteworthy events of the early 21st Century. The full economic impact on homeowners and their families cannot yet be precisely predicted, but it is likely to be immense. Taking the necessary precautions to avoid exposure to the virus and preparing for the financial ramifications will require prudence, careful planning, and maybe even a little creative thinking. Homeowners can't completely avoid the fallout from Coronavirus, but there are a few measures that could hopefully soften the blow.