Pennsylvania HOA laws and regulations - 2026 guide

Pennsylvania HOA laws let an association place a lien on your rental the day an assessment goes unpaid. They also let the association foreclose on that lien the way a bank forecloses a mortgage, and they let boards fine you with no statutory dollar cap.

Act 115 of 2022, in force since May 2, 2023, rewrote how boards send notice and run elections. It also changed how they count electronic ballots.

Many associations still operate on documents drafted before it.

This guide covers the statutes, the numbers that decide votes and quorums, the rules a board cannot enforce, and the four places you can take a complaint.

Pennsylvania HOA laws at a glance: the five statutes that govern your community

Pennsylvania has no statute called the Homeowners Association Act. What owners mean by that name is the Uniform Planned Community Act, and five statutes in total control Pennsylvania community associations, with the one that reaches your property depending on how the community was created. The corporate law applies to the association entity regardless of type:

• Statute | What it covers | Citation
• Uniform Planned Community Act (UPCA) | Planned communities: lots plus common facilities, with a mandatory owners' association. Full act applies to communities created on or after February 2, 1997; listed sections reach older communities | 68 Pa.C.S. §§ 5101–5414 (Chapters 51–54)
• Uniform Condominium Act (UCA) | Condominiums, with parallel section numbering to the UPCA (§ 3315 lien vs § 5315 lien, for example) | 68 Pa.C.S. § 3101 et seq. (Chapters 31–34)
• Real Estate Cooperative Act | Housing cooperatives; the pending EV-charging bill HB 2463 would amend its § 4222 | 68 Pa.C.S., cooperative chapter
• Nonprofit Corporation Law of 1988 | The association as a corporation: director duties, the business judgment standard, quorum fallback at § 5756(b), and dissolution at §§ 5971–5979 | 15 Pa.C.S.
• Act 115 of 2022 | Amended the UCA and UPCA: new definitions, board removal, electronic notice and ballots, remote attendance, quorum defaults, meeting recordings, independent election reviewers | Act of Nov. 3, 2022, P.L. 1750, No. 115; effective May 2, 2023

The General Assembly's consolidated text shows that lawmakers enacted the UPCA on December 19, 1996 as Act 180, with an effective date of February 2, 1997. Act 115 was HB 1795, approved November 3, 2022, with a 180-day delayed effective date that the bill history and Hoffman HOA Law place at May 2, 2023.

One earlier amendment matters for complaints. Act 17 of 2018 added the alternative dispute resolution sections (§§ 3321 and 5321) and the Bureau of Consumer Protection complaint sections (§§ 3322 and 5322) to both acts, effective 60 days after its May 7, 2018 enactment. Those are not Act 115 provisions, even though some summaries lump them together.

Which law applies to your community: planned community, condo, co-op or pre-1997

How much of the UPCA reaches a planned community depends on two facts: how many units it has and when its declaration was recorded. Condominiums fall under the UCA; cooperatives fall under the Real Estate Cooperative Act.

For a planned community created after February 2, 1997, § 5102(a) carves out two exemptions. A community with no more than 12 units and no subdivision or conversion rights is subject only to §§ 5105, 5106, 5107, and 5218 unless its declaration says otherwise. A community whose common elements consist only of stormwater facilities, signage, lighting, landscaping, gates, walls, fences, monuments, or open space gets a broader slice: §§ 5103–5114, all of Chapter 53, and §§ 5407–5409 and 5411. The Commonwealth Court held in a 2018 opinion that 'no more than 12 units' means 12 or fewer, and that the two exemptions are mutually exclusive.

Pre-1997 communities are grandfathered, but not completely. Under § 5102(b), these sections apply retroactively, though only to events after February 2, 1997 and without invalidating specific provisions in existing declarations and bylaws or in plats:

• §§ 5105, 5106, 5107, 5203, 5204, 5218, 5219, 5223
• § 5302(a)(1)–(6) and (11)–(15), the core association powers including reasonable fines after notice and hearing
• §§ 5311, 5315, 5316: allocation of assessments, the assessment lien, and records access
• §§ 5407 and 5412: resale certificates and the general remedies clause
• § 5103 to the extent needed to interpret the above

Act 189 of 2004 added a second list at § 5102(b.1): §§ 5103, 5108, 5113, 5220(i), 5222, 5302(a)(8)(i) and (16)–(17), 5303(a)–(b), 5307, 5314, and 5319, plus § 5303(c)–(d) for events after May 29, 2005. Pre-1997 communities with 12 or fewer units get only §§ 5105, 5106, 5107, and 5218 unless they amend their declaration to opt in under § 5102(d).

The Superior Court confirmed in Little Mountain Community Association, Inc. v. Southern Columbia Corp. (2014) that § 5301, which organizes the association itself, is not on the retroactive list.

The Commonwealth Court reinforced in Southpointe Golf Club, Inc. v. Southpointe Property Owners' Association (2021) that retroactive sections cannot override an older declaration's specific terms. If your community's declaration predates 1997, read it before assuming any Chapter 53 default applies.

The UPCA also skips communities where every unit is restricted to nonresidential use, per § 5102(e), unless the declaration opts in.

Governing documents and how they rank against state law

The statute sits on top. The recorded declaration comes next, followed by the bylaws and then board-adopted rules. Under § 5302(a), every association power is 'subject to the declaration' and the act itself, and § 5203(c) says that when the declaration and bylaws conflict, the declaration wins unless it conflicts with the UPCA.

State law requires the recording party to record the declaration, its plats and plans, and every amendment in each county where the community sits and to index them like a deed. An amendment 'is effective only upon recording' under § 5219. Bylaws are different: § 5203 says title to a unit is not affected by unrecorded bylaws, and in practice most associations never record them. You get bylaws and rules from the association, and articles of incorporation come from the Department of State filing that created the nonprofit corporation.

You also have two statutory routes to force documents out of the association. Under § 5407, when a non-declarant owner sells, the association must furnish the declaration (minus plats), bylaws, rules, and a disclosure certificate within 10 days of a written request; the buyer may void the contract until it arrives and for five days after. Under § 5316, all financial and other records must be 'made reasonably available for examination by any unit owner,' and the association must deliver annual financial statements within 30 days of a written request.

For the recorded declaration, go to the county Recorder of Deeds. Fees and online access vary by county:

• County | How to get copies | Per-page fee | Online access
• Philadelphia | PhilaDox online (1974–present), City Hall Room 154, or mail with SASE | $2/page; $2 certification | PhilaDox subscriptions: $15/day, $60/week, $125/month, $750/year
• Allegheny | In person, mail, or county-run site | $1/page in person; $1 certification; $10/document by mail (schedule effective Jan. 1, 2026) | $1/page for the first 10 pages online, remainder free
• Montgomery | In person, mail, or subscription | $0.50/page in person; $1.50 certification; $5 regular or $10 certified by mail | $25/calendar day or $300/month; certified copies $10.50
• Bucks | In person or mail with SASE | $1/page; $1.50 certification | Owners can request a complimentary deed copy by email
• Chester | In person, mail, or Document Search portal (upgraded Dec. 31, 2025) | $0.50/page in person; $5/page by mail; $5 certification | Official downloads with a $3 convenience fee

Sources: Philadelphia Department of Records, Allegheny County fee schedule, Montgomery County Recorder, Bucks County, Chester County.

No statewide portal covers all 67 counties. LANDEX Remote serves roughly 28 counties, including Bucks, Lehigh, Luzerne, Northampton, and York, at $0.15 per minute plus $0.10 per page. INFOCON covers 32 mostly western and central counties on a subscriber model: $25 setup, $1.10 per minute, $25 minimum monthly bill when used. Philadelphia owners will find city-specific practice in the guide to HOA laws and regulations in Philadelphia, and Pittsburgh owners have a parallel guide to HOA laws and regulations in Pittsburgh, covering Allegheny County.

Read the declaration's insurance article while you have it open. Whatever it assigns to unit owners rather than the association, you carry yourself, and a Pennsylvania landlord insurance policy covers your unit's structure, your liability as a landlord, and loss of rental income. Steadily writes condos and townhomes statewide, with city pages for landlord insurance in Philadelphia and landlord insurance in Pittsburgh. Whatever landlord insurance you carry, check it against the association's master policy before a claim, and you can get a quote in minutes at quote.steadily.com.

What Act 115 changed: virtual meetings, electronic voting, elections and ADR

Act 115 made remote attendance count as in-person attendance, authorized electronic ballots, and gave owners a statutory right to remove board members, all by amending parallel sections of the UCA and UPCA. The enrolled text shows the following changes in the UPCA, with the UCA twin in parentheses.

• Electronic notice: § 5308(b) (§ 3308(b)) lets the association send meeting notice by email or other electronic means if the owner agreed in writing or the bylaws expressly permit it.
• Remote attendance: § 5308(c) (§ 3308(c)) says participation by conference phone or internet technology that lets participants hear each other 'shall be deemed in-person attendance,' unless the bylaws say otherwise.
• Candidate forums: § 5308(d) (§ 3308(d)) requires a special session at least seven days before a contested election, on request of any candidate, with equal speaking time.
• Recordings: § 5308(e) (§ 3308(e)) allows the board to record meetings after announcing it, and requires the board to keep the recording and make it available to owners for at least six months.
• Quorum: § 5309(a) (§ 3309(a)) sets a 20% default quorum of votes eligible in a board election, lets bylaws lower it to no less than 10%, and lets an association that misses quorum at two consecutive meetings fall back on 15 Pa.C.S. § 5756(b).
• Electronic ballots: § 5310(e) (§ 3310(e)) authorizes voting in person, by proxy, by absentee or electronic ballot, or by any other method the declaration or bylaws expressly allow; an electronic ballot is one cast over the internet, a vote management system, or the community network where identity can be confirmed and a receipt made available. § 5310(f) allows election by acclamation when a race is uncontested.
• Board removal: § 5303(f) (§ 3303(g)) lets owners remove any non-declarant board member, with or without cause, by a two-thirds vote of those present at a quorum meeting, provided the notice of the meeting stated the intent to remove. The clause applies 'notwithstanding any provision of the declaration or bylaws to the contrary.'
• Independent reviewers: § 5222(e.1) requires independent reviewers for master-association elections in planned communities with 500 or more units. UCA § 3303 imposes the requirement on condominium elections in communities with at least 500 units. Section 5103 defines an independent reviewer as a CPA, Pennsylvania-licensed lawyer, or vote management system with no unit, family, or financial ties to the declarant, owners, or manager. Smaller communities may opt in with 51% of votes collected.
• Bylaw amendments: § 5306(a)(6)(ii) (§ 3306(a)(6)(ii)) requires the amendment vote to happen at a scheduled meeting advertised 14 days in advance, with absentee ballots delivered to an independent reviewer before the meeting starts.

Act 115 did not create the ADR sections. § 5321 and § 3321 date to Act 17 of 2018 and limit alternative dispute resolution 'to disputes where all parties agree,' under the consolidated statute.

Whether these provisions reach your community turns on your documents. CAI Keystone's Pennsylvania Legislative Action Committee reads Act 115 as applying retroactively 'only … where the law does not conflict with a declaration, code of regulations, or bylaws in place prior to May of 2023,' and notes that 'most association documents do not address or prohibit electronic voting, email notices, and Zoom meeting attendance,' so most boards can use them now.

No legislature has amended Act 115 since. The only later Title 68 change is Act 54 of 2023, which addresses repudiation of discriminatory real estate covenants and leaves the meeting, voting, quorum, and ADR provisions untouched.

Assessments, late fees, liens and foreclosure: the full timeline

Pennsylvania associations can lien and foreclose, and the lien attaches the day the assessment goes unpaid without any filing. The sequence under § 5315 (condos: § 3315) runs like this:

1. The board adopts an annual budget and levies assessments at least once a year under § 5314(a). No statute requires an owner vote to approve a special assessment; the only owner check is rejecting a board-approved budget or capital expenditure by majority vote within 30 days under § 5303(b).
2. You miss an installment. Under § 5315(a), the association's lien exists 'from the time the assessment or fine becomes due,' and the entire outstanding balance for the period becomes a lien as of that due date. Interest accrues at the rate the association sets, capped by § 5314(b) at 15% per year. Late charges, fines, and collection costs, including legal fees, are enforceable as assessments.
3. Your payments get applied under § 5315(h) to interest first, then late fees, then collection costs and attorney fees, and only then to the delinquent assessment itself. A partial payment can leave the principal untouched.
4. The association sues. Recording the declaration already perfected the lien, so the Commonwealth Court in London Towne HOA v. Karr (2004) held 'the first step to enforcing an assessment lien is the filing of a foreclosure complaint,' not a new lien filing. In Forest Highlands Community Association v. Hammer (2006), the Superior Court rejected a writ of execution as a shortcut. The complaint goes to the Court of Common Pleas and proceeds 'in like manner as a mortgage on real estate.' The association has four years from when the assessments became payable under § 5315(d).
5. Judgment includes costs and reasonable attorney fees for the prevailing party under § 5315(f). Because your own governing documents authorize collection costs as assessments, your exposure includes the association's lawyer.
6. The property goes to judicial sale, which in Pennsylvania means a sheriff's sale. Under § 5315(b)(2), sale proceeds protect the six months of assessments immediately before the sale to the extent those proceeds pay them.

The six-month provision creates a limited nondivestiture rule that operates only at a judicial sale. § 5315(b)(1) ranks the association lien ahead of most encumbrances but expressly behind liens recorded before the declaration and first mortgages recorded before the assessment due date, as well as judgments on those mortgages and real estate tax liens. A practitioner analysis at HOA Weekly describes the result as 'a partial priority, not a mortgage-extinguishing super-lien,' in contrast with Nevada, where the state supreme court in SFR Investments Pool 1, LLC v. U.S. Bank held an HOA foreclosure can wipe out a first deed of trust.

The Superior Court applied this in Foxfield at Naaman's Creek HOA v. Eventoff, 2024 PA Super 316 (Dec. 31, 2024): 'An association's lien for an HOA assessment does not become effective until the time payment becomes delinquent,' so a reverse mortgage recorded before the delinquency 'fell within the exceptions under Section § 5315(b) of the UPCA and had priority.' The court reversed the distribution order and reinstated the mortgage. Investors buying at association foreclosure sales should assume the first mortgage survives.

Before you buy or refinance, request a statement of unpaid assessments. Under § 5315(g), the association must furnish it within ten business days of a written request, and it binds the association and every unit owner.

Board governance: notice, quorum, voting thresholds and record inspection

Meeting notice in Pennsylvania runs from 10 to 60 days, owner quorum defaults to 20%, and amending the declaration takes 67% of allocated votes. The exact figures and their sources:

• Requirement | Statutory number | UPCA section | UCA section | Can documents change it?
• Meeting notice | 10 days minimum, 60 days maximum | § 5308(a) | § 3308(a) | Bylaws can move within the range only
• Bylaws-amendment vote notice | 14 days in advance | § 5306(a)(6)(ii) | § 3306(a)(6)(ii) | Statutory minimum for this vote
• Owner meeting quorum | 20% default; floor 10% | § 5309(a)(1) | § 3309(a)(1) | Bylaws may raise or lower to the floor
• Executive board quorum | 50% of board votes | § 5309(b) | § 3309(b) | Bylaws may raise only
• Bylaws amendment | 51% of allocated votes | § 5306(a)(6)(i)(A) | § 3306(a)(6)(i)(A) | Documents may raise; lower only if all units nonresidential
• Declaration amendment | 67% of allocated votes | § 5219(a)(1)(i) | § 3219 | Declaration may raise; lower only if all units nonresidential
• Declaration amendment affecting unit boundaries, expense allocation, or permitted uses | Unanimous consent of affected owners | § 5219(d)(1) | § 3219 | No
• Reject board-approved budget or capital spend | Majority of owner votes within 30 days of board approval | § 5303(b) | § 3303(b) | Declaration may set a larger majority
• Remove a board member | Two-thirds of votes present at a quorum meeting | § 5303(f) | § 3303(g) | No
• Terminate the community | 80% of allocated votes | § 5220(a) | § 3220 | Declaration may raise

Sources: § 5308, § 5309, § 5219, § 5303, § 5220.

Two figures get misquoted constantly. A '14-day notice' rule exists only for bylaws-amendment votes; ordinary meetings need 10 days. And there is no '51% quorum' anywhere in the statute; 51% is the bylaws-amendment passing threshold, while quorum defaults to 20%.

Board members owe duties under the Nonprofit Corporation Law. Under the director standard, a director meets the duty by acting in good faith, on reasonable information, and with a rational belief that the decision served the corporation.

The Pennsylvania Supreme Court set the judicial review line in a 1993 decision: courts step in 'where the action of the governing body is unauthorized, or it is established that the action has been taken fraudulently, in bad faith, or constituted self-dealing.' Disagreeing with a board's judgment is not enough; the Superior Court affirmed summary judgment for the HOA in Pauletta v. Riverview Manor Homeowners Association (Mar. 9, 2026), writing that 'mere disagreement with an HOA's process is insufficient' to show bad faith in a design-control dispute. § 5303(b) also bars the board from amending the declaration, terminating the community, or electing its own members; those belong to owners.

Your inspection rights come from § 5316 (records reasonably available; annual financials within 30 days of written request), § 5308(e) (meeting recordings kept six months), and § 5315(g) (assessment statement within ten business days). Put every request in writing and keep the copy, because the written record is what a court or the Bureau of Consumer Protection will look at later.

What your HOA can and cannot restrict in Pennsylvania

An association can enforce almost any restriction written into a properly adopted declaration, and it cannot enforce a rule that conflicts with that declaration, skipped the required meeting, or violates federal or state civil rights law. A 2023 Superior Court opinion states that Pennsylvania courts construe restrictive covenants 'strictly … against persons seeking to enforce them and in favor of the free and unrestricted use of property,' with ambiguities resolved for the owner.

What a Pennsylvania association can do:

• Association power | Legal limit
• Impose 'reasonable fines' for violations | The association must provide notice and an opportunity to be heard under § 5302(a)(11). No statute caps the dollar amount.
• Enforce architectural and design controls | The declaration must grant the authority, as Pauletta confirmed in 2026.
• Restrict or permit rentals, including short-term rentals | The controlling restriction must appear in the proper governing document.
• Charge interest, late fees, and collection costs on delinquent assessments | The 15% interest cap applies.
• Regulate common elements, including antenna systems on common roofs | The Commonwealth Court recognized this authority in Polites v. Strath Haven Condominium Association (2011).

Unenforceable rules, with the cases that struck them:

• A bylaw or rule that contradicts the declaration. In Chan v. Association of Property Owners of The Hideout (Aug. 20, 2024), the Commonwealth Court voided a bylaw amendment restricting short-term rentals because the declaration authorized 'rental of all of the lots.' Under § 5203(c), that conflict alone made the amendment 'void and unenforceable.'
• The board adopts a rule without a valid meeting. In M4 Holdings, LLC v. Lake Harmony Estates Property Owners' Association, 237 A.3d 1208 (2020), a 2,500-square-foot construction cap adopted through a two-day email exchange failed because the bylaws required 'simultaneous contemporaneous communication.' Chan had the same second defect: the vote ran by email instead of at the required special meeting.
• Compound interest on assessments and declarant powers the statute doesn't allow. The Superior Court in The Carlyle Condominium Association v. Spruce Street Properties (Jan. 23, 2024) struck a declarant's unilateral power to move unit boundaries because § 3215 doesn't permit it and UCA provisions 'may not be varied by agreement' under § 3104, and struck compound interest because the declaration did not 'unequivocally authorize' it.
• Fines imposed without notice and a hearing, per § 5302(a)(11).
• Board actions reserved to owners under § 5303(b): amending the declaration, terminating the community, electing directors.

Federal and state law overlay all of this. The Fair Housing Act covers homeowners and condominium associations as housing providers. The Pennsylvania Human Relations Act (43 P.S. § 951 et seq.) protects against housing discrimination based on race, color, familial status, religious creed, ancestry, disability, age (40 and over), sex, national origin, and use of a guide or support animal, including handlers and trainers, which goes beyond the federal act.

A no-pets rule cannot be applied to an assistance animal. HUD's 2020 guidance states an assistance animal 'is not a pet' and bars any deposit, fee, or surcharge for one. The Third Circuit in Revock v. Cowpet Bay West Condominium Association (2017) held that fining owners $50 per day under a no-dogs rule or dragging out the request could each be a refusal to accommodate.

A Philadelphia federal jury in United States v. The Dorchester Owners Association found FHA violations for denied or delayed emotional support animal requests. The final judgment on January 25, 2023 awarded $37,431 in compensatory damages plus a $1 civil penalty and three years of injunctive recordkeeping.

The Third Circuit's necessity standard cuts the other way too: an accommodation must be essential rather than preferable, and one effective accommodation satisfies the duty. The ADA applies where the association operates a place of public accommodation.

The FCC's OTARD rule, 47 C.F.R. § 1.4000, preempts association restrictions, including covenants and bylaws, that impair installing a satellite dish or fixed-wireless antenna one meter or less in diameter. It also covers any television broadcast antenna on property you exclusively control, such as a balcony, patio, or deck.

The rule does not reach common roofs or exterior walls.

Prior-approval requirements are generally prohibited, and any fee must be reasonable. While a challenge is pending, the association 'must suspend all enforcement efforts,' and no fines or attorney fees accrue. An owner who loses gets at least 21 days to comply.

The FCC extended the rule on March 29, 2021 to hub and relay antennas serving broadband-only fixed wireless. The FCC's guidance page puts the burden of proof on the party imposing the restriction.

Solar panels and EV chargers have no such protection in Pennsylvania. The UPCA is silent on both, so an association can ban them outright. HB 1239, which would bar associations from prohibiting solar on detached homes and townhouses, passed the House 109–93 on July 1, 2026 and was referred to Senate Urban Affairs & Housing on July 9, 2026. HB 2463 and SB 561 would protect EV charging stations; both sit in transportation committees, unenacted as of September 2026.

Can you refuse to pay HOA fees or leave the association?

You cannot withhold assessments, and you cannot resign from the association while you own the unit. Under § 5301, association membership 'at all times shall consist exclusively of all the unit owners,' and recorded covenants make every buyer a member automatically.

Pennsylvania appellate courts have rejected every version of the withholding argument. In Lake Wynonah (Pa. Cmwlth. 2019), owners 'were required to pay the Association's assessments regardless of any alleged inadequacies in the Association's performance'; the remedy for a breach is 'to institute action against the association not withhold dues or assessments.' Rivers Edge Condominium Association v. Rere, Inc., 568 A.2d 261 (Pa. Super. 1990), reached the same result under the UCA. Covenants also survive a sheriff's or tax sale, because courts treat them as running with the land rather than as estates a public sale extinguishes, per a Nochumson P.C. analysis.

If you stop paying, the assessment timeline above starts running, with interest, fees, and eventual foreclosure. Investors sometimes ask whether an LLC or a tenant-occupied unit changes this. It does not; the obligation follows title.

Four exits exist, and only one is within your individual control:

1. Sell the unit. Your membership ends at closing; the buyer takes title subject to the recorded declaration.
2. Amend the declaration to remove your parcel under § 5219. That takes 67% of all allocated votes for ordinary amendments and unanimous consent of every affected owner for changes to unit boundaries, common expense allocation, or voting strength. No owner can invoke this alone.
3. Declarant withdrawal under § 5212, which exists only in flexible planned communities where the developer reserved it, and which fails once anyone other than the declarant owns a unit in that portion.
4. Terminate the whole community under § 5220 with 80% of allocated votes. The termination agreement must be executed like a deed, recorded in every county, and recorded within one year of the first owner's signature or it becomes void. If the declaration requires lender consent, a lender that stays silent for 45 days after written notice is deemed to approve under § 5221. After termination, title vests in the association as trustee, independent appraisers value each unit for distribution, and owners holding 25% of votes can reject the appraisal within 30 days.

Dissolving the corporation itself runs through 15 Pa.C.S. Chapter 59. Members holding 10% of votes can petition the board to put a dissolution resolution to a vote (§ 5972).

After approval, the corporation must publish notice and mail certified notice to every known creditor and each municipality where it operates. It must also collect what it is owed and pay its debts (§ 5975).

Articles of Dissolution go to the Department of State on Form DSCB:15-1977/5977 with a $70 fee and tax clearance certificates attached. Claims against the dissolved corporation survive for two years.

How to dispute an HOA decision or file a complaint in Pennsylvania

Start with a written records request, move to the ADR process in your bylaws, and only then choose among the Bureau of Consumer Protection, the Pennsylvania Human Relations Commission, or court, because each of those three handles a different kind of dispute.

1. Put the dispute in writing and request records under § 5316. Ask for the minutes and the vote tally. Also request the notice for whatever meeting adopted the rule or fine you are contesting, plus the annual financials if money is at issue. M4 Holdings and Chan were both won on procedural records.
2. Invoke ADR under § 5321 (condos: § 3321). Bylaws must set out ADR procedures, but participation is limited to disputes 'where all parties agree,' and costs other than attorney fees split equally. Send the demand in writing so you can prove the date you started.
3. File with the Bureau of Consumer Protection if the problem is governance. § 5322 (condos: § 3322) lets a unit owner in good standing complain only about violations of four sections: meetings (§ 5308), quorums (§ 5309), voting and proxies (§ 5310), and records (§ 5316). Assessment disputes, maintenance, and covenant enforcement fall outside its jurisdiction.

If your documents provide ADR, you may file only after exhausting it or after 100 days have passed since you began it. You may file immediately if no ADR exists or the association refuses.

File online at attorneygeneral.gov, by mail to Office of Attorney General, Bureau of Consumer Protection, 15th Floor, Strawberry Square, Harrisburg, PA 17120, or by phone at 717-787-3391.

The Bureau's mediation FAQ is candid that mediation is voluntary and non-binding. The Bureau 'does not take sides,' and it cannot represent you or order payment. It files suit only where there is a compelling public interest or a pattern of complaints.

Do not count on the consumer protection statute either: the Commonwealth Court held in Gwynedd Club Condominium Association v. Dahlquist (Apr. 15, 2019) that an association 'does not offer any property or services for sale' and so falls outside the UTPCPL.

4. File with the PHRC if the problem is discrimination. You have 180 days from the discriminatory act to submit the Housing & Commercial Property Intake Questionnaire by email or mail. The PHRC dockets the complaint, serves the association within 30 days, gives it 30 days to answer, and investigates; FHA-type complaints are to finish within 100 days unless impracticable.

A probable cause finding leads to conciliation, then a public hearing before a Hearing Examiner with an enforceable order appealable to Commonwealth Court. If the case is unresolved after one year, you may file in the Court of Common Pleas. Remedies under 16 Pa. Code § 45.14 include actual damages, civil penalties, and attorney fees.

5. Go to court for money, or for the rule itself. Magisterial district court handles claims up to $12,000 exclusive of interest and costs under 42 Pa.C.S. § 1515, which covers most fine disputes and small assessment collections. You file the official Civil Complaint form and pay costs that ran from $65 for claims of $100 or less to $161.50 for claims between $4,000 and $12,000 on the 2024 cost table, plus a $5 CETA surcharge per defendant.

Either side can appeal within 30 days to the Court of Common Pleas for a de novo hearing under Rule 1002. The Court of Common Pleas is the only venue for lien foreclosure or claims over $12,000. It also handles declaratory judgments challenging a bylaw or rule and injunctions against enforcement. § 5412 gives anyone adversely affected by a UPCA violation 'a claim for appropriate relief,' with punitive damages available for willful violations.

Where Pennsylvania law falls short compared with other states

Pennsylvania has no HOA ombudsman, no cap on fines or late fees, no reserve study mandate, and no solar or EV protection, and on each point Florida or Virginia has enacted something. Compare Florida HOA laws and regulations and Virginia HOA laws and regulations. The comparison:

• Protection | Pennsylvania | Florida | Virginia
• State oversight office | None. The Attorney General's only role is registering planned communities that skip escrow and holding their bond, per the OAG. Pennsylvania is absent from CAI's July 2025 list of nine states with programs | Condominium Ombudsman (§ 718.5011) and DBPR division; HOA authority limited to election and recall arbitration | Common Interest Community Board and CIC Ombudsman; owners can file an adverse-decision notice within 30 days for a $25 fee
• Violation fine cap | None; 'reasonable fines' under § 5302 | $100 per violation, $1,000 aggregate (§ 720.305) | $50 single offense; $10 per day up to 90 days (§ 55.1-1819)
• Late fee cap | None in statute | Greater of $25 or 5% per installment (§ 720.3085) | 5%, only after 60 days past due (§ 55.1-1824)
• Assessment interest cap | 15% per year (§ 5314) | 18% simple; compound prohibited (§ 720.3085) | Legal rate when the association prevails on its lien (§ 55.1-1833)
• Reserve study | None; § 5302(a)(2) authorizes reserves and the offering statement must disclose whether the budget includes any, which CAI's June 2025 chart confirms is disclosure only | Structural Integrity Reserve Study every 10 years for condos of three or more habitable stories (§ 553.899); none for Chapter 720 HOAs | Every 5 years with annual review, for both HOAs (§ 55.1-1826) and condos (§ 55.1-1965)
• Solar access | None; HB 1239 pending in Senate | Covenants may not prohibit solar collectors; roof placement limited to within 45° of due south only if operation is not impaired (§ 163.04) | No ban unless the recorded declaration establishes one; restrictions raising cost more than 5% or cutting output more than 10% are unreasonable (§ 55.1-1820.1)
• EV charging | None; HB 2463 and SB 561 pending | Condo declarations may not prohibit chargers in owner-designated parking; implied easement across common elements (§ 718.113(8)) | POA lot owners may install for personal use, subject to reasonable restrictions (§ 55.1-1823.1)

The practical effect for an investor is that Pennsylvania resolves disputes through recorded documents and the Court of Common Pleas rather than through a regulator. A Florida owner can call the ombudsman about an election; a Virginia owner pays $25 to put an adverse decision in front of a state board. A Pennsylvania owner has the narrow Bureau path for four governance sections and a lawsuit for everything else. Budget for legal fees accordingly, and read the declaration's fine schedule before you close, since nothing in state law limits it.

HOA citation reference table

Use these section numbers when you write to the board or file. UPCA sections govern planned communities and UCA sections govern condominiums; the two acts run parallel, so the last two digits usually match:

• Topic | UPCA (planned communities) | UCA (condominiums)
• Applicability, 12-unit exemption, retroactivity | § 5102 | Chapter 31
• Definitions, including independent reviewer | § 5103 | § 3103
• Declaration recording and hierarchy over bylaws | §§ 5201, 5203(c) | Chapter 32
• Declaration amendment | § 5219 | § 3219
• Termination | § 5220 | § 3220
• Lender approval on termination | § 5221 | Chapter 32
• Master association elections and independent reviewer | § 5222 | § 3303
• Association powers, fines, reserves | § 5302 | § 3302
• Executive board limits, budget rejection, removal | § 5303 | § 3303
• Bylaws content and amendment | § 5306 | § 3306
• Meetings, notice, remote attendance, recordings | § 5308 | § 3308
• Quorum | § 5309 | § 3309
• Voting, proxies, electronic ballots | § 5310 | § 3310
• Annual assessments and interest cap | § 5314 | § 3314
• Lien, priority, foreclosure, attorney fees, payoff statement | § 5315 | § 3315
• Records access | § 5316 | § 3316
• Alternative dispute resolution | § 5321 | § 3321
• Bureau of Consumer Protection complaints | § 5322 | § 3322
• Resale certificate | § 5407 | Chapter 34
• General remedies, punitive damages | § 5412 | § 3412

All sections are current through Act 54 of 2023, the most recent Title 68 amendment identified as of September 2026. Check the General Assembly's consolidated statutes for anything enacted after that date.

FAQ

These answers summarize the rules that matter most when you own, buy, or challenge decisions involving a Pennsylvania HOA property. The sections above provide the statutory details, timelines, and complaint procedures behind each answer.

What did Act 115 change for Pennsylvania HOAs?

Act 115 amended the UCA and UPCA effective May 2, 2023 to let associations send electronic notice with owner consent, count remote attendance as in-person, accept electronic and absentee ballots, hold candidate forums a week before contested elections, record meetings and keep the recordings six months, and let owners remove board members by two-thirds vote at a quorum meeting. It also set the owner quorum default and floor. For election reviews, it requires independent reviewers for condominium elections in communities with at least 500 units and for UPCA master-association elections in planned communities with 500 or more units. It did not add ADR, which came from Act 17 of 2018.

Can a Pennsylvania HOA foreclose on my rental for unpaid dues?

Yes. The association's lien attaches automatically when an assessment becomes delinquent, and § 5315 (condos: § 3315) lets the association foreclose it 'in like manner as a mortgage' by filing a complaint in the Court of Common Pleas within four years. A first mortgage recorded before the delinquency keeps priority, as Foxfield v. Eventoff confirmed in December 2024; only six months of pre-sale assessments get protected from sale proceeds.

Can I refuse to pay HOA fees if the association isn't doing its job?

No. Pennsylvania courts have held that owners must pay assessments regardless of alleged inadequacies in the association's performance and that the proper remedy is a lawsuit against the association, not withholding. Unpaid amounts accrue interest and fees and can lead to foreclosure.

What restrictions can a Pennsylvania HOA enforce?

Anything properly written into the recorded declaration, including architectural controls, rental limits, and fines imposed after notice and a hearing, as long as the restriction doesn't violate the UPCA or civil rights law. Courts read ambiguous covenants in the owner's favor.

What HOA rules are unenforceable in Pennsylvania?

Rules that conflict with the declaration (Chan v. Hideout, 2024), rules adopted by email instead of a valid meeting (M4 Holdings, 2020), compound interest the declaration doesn't clearly authorize (Carlyle Condominium, 2024), fines without notice and hearing, no-pet policies applied to assistance animals, and antenna restrictions on exclusive-use areas that violate the FCC's OTARD rule.

Where do I complain about my HOA in Pennsylvania?

For meeting, quorum, voting, and records violations, the Attorney General's Bureau of Consumer Protection under § 5322, after trying ADR or waiting 100 days. For discrimination, the Pennsylvania Human Relations Commission within 180 days. For fines and money claims up to $12,000, magisterial district court; for foreclosure defense, declaratory judgments, and injunctions, the Court of Common Pleas. Pennsylvania has no HOA ombudsman.

Are there new Pennsylvania HOA laws in 2026?

No new HOA statute has taken effect in 2026. HB 1239, which would protect rooftop solar from HOA bans, passed the House 109–93 on July 1, 2026 and awaits Senate action. HB 2463 and SB 561 on EV charging remain in committee. Act 54 of 2023 on discriminatory covenants is the most recent enacted Title 68 change.

Does the UPCA apply to a community built before 1997?

Partly. § 5102(b) and (b.1) list the sections that apply retroactively to events after February 2, 1997, including the assessment lien (§ 5315), records access (§ 5316), resale certificates (§ 5407), and core association powers, but only where they don't invalidate specific terms of the existing declaration. Pre-1997 communities with 12 or fewer units get only §§ 5105, 5106, 5107, and 5218 unless they opt in by amendment.