Monday January 05, 2026
This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members should consult their association’s attorney to discuss the legal implications of their decisions or actions prior to proceeding.Can Pennsylvania HOAs evict homeowners?
In Pennsylvania, HOAs usually cannot “evict” an owner the way a landlord evicts a tenant. However, if the HOA is governed by the Uniform Planned Community Act (UPCA), the association may be able to initiate foreclosure proceedings when an owner doesn’t pay their assessments.Under the UPCA, unpaid assessments automatically become an “assessment lien” from the time the assessment becomes due, creating a legal claim against the home for the amount owed. 68 Pa.C.S. § 5315 says that a planned community association’s assessment lien may be foreclosed “in like manner as a mortgage on real estate.”
Foreclosure vs. eviction
Eviction is a landlord-tenant process used to remove a tenant. Foreclosure is the process that can end an owner’s title when a debt secured by the property is not paid, such as past-due HOA assessments secured by an association lien. For HOAs enforcing assessment liens, the path is typically foreclosure, not a tenant-style eviction.Which Pennsylvania HOA laws apply?
For many Pennsylvania HOAs, assessment lien rules come from Title 68’s Uniform Planned Community Act. Which parts apply can depend on whether the community was created on or after February 2, 1997 (the UPCA’s effective date). Boards should confirm which Pennsylvania HOA laws apply with counsel before taking enforcement action.Interest and late charges on assessments
Pennsylvania law generally allows HOAs to add late fees, interest, and reasonable collection costs to the owner’s assessment balance, as authorized by Title 68 and/or the governing documents. For planned communities, 68 Pa.C.S. § 5314(b) allows interest on any past-due assessment or installment at a rate set by the association, with a cap of 15% per year.Suspended voting rights and amenity access
In some cases, Pennsylvania law lets an HOA suspend voting rights or access to common areas and amenities for delinquent owners or rule violators. Usually, the HOA must provide notice and an opportunity to be heard before doing so.Time limits on HOA assessment liens
An HOA’s assessment lien can be lost if the association doesn’t start proceedings to enforce the lien within four years after the assessment becomes payable under 68 Pa.C.S. § 5315(e). Boards should create a written collections timeline so that they don’t accidentally let old delinquencies sit indefinitely.How payments must be applied
If an owner makes a partial payment while delinquent, Pennsylvania provides a default order (unless the declaration says otherwise). Under 68 Pa.C.S. § 5315(i), payments are applied:- First, to accrued interest
- Second, to any late fee
- Third, to collection costs and reasonable attorneys’ fees
- Finally, to the delinquent assessment
How HOA foreclosure works
For planned communities, 68 Pa.C.S. § 5315(a) says the HOA forecloses its lien the same way a mortgage is foreclosed. This typically means a court foreclosure process that can lead to a sheriff’s sale, with required court notices to the owner and other lienholders under Pennsylvania foreclosure procedure.What happens after foreclosure
After a sheriff’s sale is completed and the purchaser becomes the new owner, the former occupant is expected to move out. If they do not, the new owner usually needs a court order for possession so the sheriff can deliver possession. If the person staying is a tenant under a lease, the new owner may also need to follow Pennsylvania landlord-tenant notice and eviction rules, depending on the situation.Learn more in our article on Pennsylvania squatters’ rights.
Special assessments
Special assessments are still assessments. If a special assessment is properly adopted under the governing documents, nonpayment can generally be collected through the same lien and foreclosure process as other assessments under 68 Pa.C.S. § 5315.Owner requests for statements
Pennsylvania requires the HOA to provide a recordable statement showing the unpaid assessments currently levied and credits of surplus in favor of the unit. This is commonly used to confirm what’s owed at payoff/in resale packages, under 68 Pa.C.S. § 5315(h). Typically, an association must furnish a recordable statement of unpaid assessments within 10 business days after receiving a written request.Communicating early to avoid escalation
Delinquencies become harder to resolve as time goes on. Boards can simplify the process with clear, effective community communication: early notice of delinquency, a ledger that separates assessments from other charges, and plain-language explanations of what happens next if the account stays unpaid. Because Pennsylvania does not hard-code a “3 months behind” foreclosure threshold in these lien statutes, boards should rely on a written collections approach and not let accounts drift without a plan.Eviction process in PA for other property types
Condominiums
If the community is a condominium, similar assessment lien concepts apply under the Pennsylvania Uniform Condominium Act, including 68 Pa.C.S. § 3315, which also treats the association’s lien as something enforced through mortgage-style foreclosure rather than a tenant eviction.Rental properties (landlord-tenant)
If you’re dealing with a tenant in a rental property, Pennsylvania typically uses landlord-tenant procedures. A common starting point is a Notice to Quit under the Landlord and Tenant Act of 1951 (68 P.S. § 250.501), followed by the court process used for landlord-tenant removals.Mortgage foreclosures
Outside the HOA context, when a mortgage lender forecloses, that’s also a foreclosure (not an eviction). If someone remains after the sale, the new owner may need a possession process to remove occupants, depending on who is living there and under what right (owner vs tenant).About FirstService Residential
As North America’s leading property management company, FirstService Residential serves Pennsylvania communities with local expertise backed by national resources. Our teams support board members with meetings, community collection services, recordkeeping, financial management, banking and insurance programs, resident communication, and 24/7 customer care teams. This way, board members can focus on long-term goals instead of day-to-day administration.With over 25 years of experience across the state, we help HOAs, condo associations, high-rises, and master-planned communities operate smoothly and meet their goals with confidence.
To learn how we can support your association, contact our Pennsylvania team today.