Pennsylvania HOA laws & resources.
A guide to the statutes, agencies, and resources that govern homeowners, condominium, planned community, and cooperative associations in Pennsylvania.
Laws & regulations impacting Pennsylvania associations.
- Federal laws — in addition to state regulations, the federal government has laws that govern the operation of homeowners' associations, condominiums, and other residential properties in Pennsylvania.
- Pennsylvania Uniform Condominium Act (UCA), 68 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 68 Pa. Cons. Stat. § 3102(a).
- Pennsylvania Uniform Planned Community Act (UPCA), 68 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 1 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 with respect to 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 68 Pa. Cons. Stat. § 5102(c) (nonflexible planned communities) and § 5102(d) (amendments to declarations, bylaws, plats, and plans).
- Pennsylvania Real Estate Cooperative Act, 68 Pa. Cons. Stat. §§ 4101, et seq. The Act 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. §§ 5101 through 6146. The Act governs nonprofit corporations with regard to corporate structure and procedure. If a condominium or planned community association is organized as a nonprofit 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, No. 222, as amended. 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, or the use of a guide or support animal, in employment, housing, and public accommodation opportunities (Section 2 (findings and declaration of policy) and Section 3 (right to freedom from discrimination) of the Act). See also Section 5(h) and (i) (unlawful discriminatory practices) and Section 4 (definitions) of the Act, 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:- Examples of Housing Discrimination
- Joint Statement of HUD and Dept. of Justice — Reasonable Accommodations under the Fair Housing Act (2004)
- Joint Statement of HUD and Dept. of Justice — Reasonable Modifications under the Fair Housing Act (2008)
- Assessing a Person's Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act (2020)
- Pennsylvania American, Commonwealth, and Military Flag Act (Act 93 of 2006). Signed into law on July 7, 2006, the Act provides for the display of the American flag, Commonwealth flag, or military flag by residents in a unit owners' association, homeowners' association, or master association. An association cannot prohibit the outdoor display of one American flag, one Commonwealth flag, and one military flag by a unit owner on the owner's property, provided the American flag is displayed in a manner consistent with 4 U.S.C. §§ 4 through 10 and the Commonwealth or military flag is displayed following any rules and regulations adopted by the association. An association may adopt rules concerning the location, size, and use of flagpoles but cannot prohibit the use of wall brackets for flag display. The flags flown cannot be larger than five feet by three feet. Act 93 of 2006, §§ 2 and 3(a).
Government agencies.
- Federal agencies — a list of federal agencies with oversight authority over homeowners' associations.
- The Pennsylvania Government Portal — search for government information by topic and agency.
- The Pennsylvania Human Relations 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.
- The 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).
- The 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).
- The Pennsylvania Real Estate Commission is responsible for the licensure, education, and discipline of real estate professionals.
- The Pennsylvania Department of State provides information on elections, businesses, licensing, and securities.
HOA contact information and documents.
The Pennsylvania Homeowners' Association Directory — visit HOPB's HOA Directory and select Pennsylvania to reach the state's corporate registry (the Pennsylvania Department of State's business entity search), where you can search under the community's name or subdivision to find an association's contact information, list of board members, articles of incorporation, and other relevant corporate information.
Association records and inspection — after a written request, members of condominium and planned community associations have a statutory right to inspect, examine, and make copies of the association records, including all financial records, executive meeting records, and other records outlined in the relevant statute. See 68 Pa. Cons. Stat. § 3316 of the Uniform Condominium Act and 68 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) to a requesting unit owner within 30 days of the owner's written request, or if the financial records that substantiate an association's financial statements are not made reasonably available 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 68 Pa. Cons. Stat. § 5316(c) (planned communities) and 68 Pa. Cons. Stat. § 3322 (condominiums).
Pennsylvania recorded document search — visit the office of the Recorder of Deeds in the county 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. An association's CC&Rs must be recorded with the county land records to be enforceable.
Legal resources.
Direct link to the Pennsylvania Consolidated Statutes.
The Pennsylvania Code — lists all the rules, regulations, and other administrative documents of the Commonwealth of Pennsylvania.
The Pennsylvania State Legislature — search for your state representative and the legislation (or "statutory law") database.
The Disciplinary Board of the Supreme Court of Pennsylvania is responsible for protecting the public by overseeing the legal profession's integrity. Homeowners can find an attorney's contact information, disciplinary history, or file a complaint.
The Pennsylvania State Bar Association gives the public access to a lawyer directory, lawyer referral service, free or low-cost legal services, and information to determine if a lawyer is in good standing, verify their malpractice insurance, or file a complaint.
The Unified Judicial System of Pennsylvania gives the public access to court information, documents, rules, legal opinions, court cases, self-help services, and lawyer referral services.
The Pennsylvania Legal Aid Network coordinates civil legal assistance for low-income Pennsylvanians.