Pennsylvania CC&Rs: What your HOA should know

What are CC&Rs in Pennsylvania?

CC&Rs, short for covenants, conditions, and restrictions, are recorded rules that govern how property can be used within an HOA community. In Pennsylvania, HOA CC&Rs are typically contained in the community’s declaration and can address everything from property use and property maintenance to architectural changes and assessment obligations.
 

Examples of HOA CC&Rs

The exact CC&Rs vary by community, but common examples can include:

• Architectural changes: Requirements for fences, additions, roofing, paint colors, sheds, or other exterior modifications.
   
• Property maintenance: Standards for landscaping, lawn care, exterior appearance, trash storage, and general upkeep.
   
• Parking and vehicles: Restrictions involving street parking, commercial vehicles, recreational vehicles, boats, or vehicle storage.
   
• Leasing: Limits or procedures involving long-term rentals, short-term rentals, lease terms, or tenant information.
   
• Pets: Rules covering the number or types of pets allowed and expectations for pets in shared areas.
   
• Home use: Restrictions involving businesses, nuisances, noise, or other activities that may affect neighboring properties.
   
• HOA fees: Obligations related to regular and special assessments or other common expenses.

Boards should rely on the actual language in their governing documents rather than assuming another Pennsylvania HOA follows the same restrictions.
 

HOA rules vs. bylaws vs. CC&Rs

Generally, CC&Rs set property restrictions, while bylaws explain how the HOA is governed, and rules provide more detailed day-to-day standards:

• CC&Rs: Usually found in the declaration and tied to the property. They may address things like use restrictions, maintenance responsibilities, assessments, and other owner obligations.
   
• Bylaws: Focus on how the HOA operates, including board structure, elections, officers, meetings, and voting procedures.
   
• Rules and regulations: Cover more specific community standards adopted by the board, as allowed by the declaration, bylaws, and Pennsylvania HOA laws.

What law governs Pennsylvania HOA CC&Rs?

Many Pennsylvania HOAs are governed by the Uniform Planned Community Act. The law sets requirements for planned communities, including declarations, association powers, assessments, records, enforcement, and owner rights.

The Act generally applies to planned communities created after it took effect, while some older or smaller communities may be subject to only certain provisions. Because coverage can depend on how and when the HOA was created, boards should review their governing documents and work with Pennsylvania association counsel when needed.
 

Do CC&Rs transfer to new homeowners?

Generally, yes. Because CC&Rs are recorded with the property, they typically continue to apply when a home is sold. A new owner becomes subject to the community’s existing restrictions and obligations rather than starting with a new set of rules.

That makes it important for buyers to review the HOA’s governing documents as part of the resale package before purchasing so they understand the standards that come with living in the community.
 

How can homeowners find their HOA CC&Rs?

Homeowners can usually get a copy of their HOA CC&Rs through the association or its property management company. For FirstService Residential-managed communities, homeowners may also be able to access governing documents through FirstService Residential Connect™, our property management platform that makes it easy to find community information, documents, account details, and other resources.
 

What must a Pennsylvania HOA declaration include?

In HOAs governed by the Uniform Planned Community Act, the declaration typically must include items such as:

• The community’s name and county/counties where it is located.
   
• The real estate included in the community.
   
• Boundaries and identifying information for individual units.
   
• Certain responsibilities involving controlled facilities.
   
• Voting and common-expense allocations.
   
• Any restrictions created by the declarant involving the use, occupancy, or transfer of units (68 Pa.C.S. § 5205).

Those requirements help explain why CC&Rs are more than a simple list of community rules. They form part of the legal structure of the HOA itself.
 

Unenforceable CC&Rs

There are certain CC&Rs an HOA may not be able to enforce if they conflict with federal, state, or local law. Examples can include discriminatory restrictions, certain limits on satellite dishes or antennas protected by FCC rules, and restrictions that improperly interfere with an owner’s right to display the American flag.

Boards should have qualified Pennsylvania association counsel review outdated or questionable CC&Rs before taking enforcement action. Learn more in our guide to unenforceable HOA rules.
 

How can Pennsylvania HOA CC&Rs be changed?

Changing CC&Rs usually requires an amendment to the declaration, not just a board vote. In HOAs governed by the Uniform Planned Community Act, amendments generally need approval from owners holding at least 67% of the association’s votes, unless the declaration requires more or another exception applies (68 Pa.C.S. § 5219).

Boards should also review the declaration for any additional amendment steps and work with qualified Pennsylvania association counsel before recording changes.
 

What happens when an owner violates the CC&Rs?

Depending on the governing documents and circumstances, that process may involve notice of the violation, an opportunity for the owner to respond, and additional enforcement if the issue remains unresolved. In HOAs governed by the Uniform Planned Community Act, the law typically requires notice and an opportunity to be heard before an HOA levies fines or imposes certain suspensions for violations (68 Pa.C.S. § 5302(a)(11)).
 

How FirstService Residential can help

CC&Rs can affect everything from property appearance and maintenance to parking, pets, leasing, and resident responsibilities. That’s a lot for a volunteer board to manage alone.

As North America’s leading property management company, FirstService Residential helps Pennsylvania HOA boards with 24/7 customer care, rule enforcement, recordkeeping, property inspections, maintenance coordination, financial management, and day-to-day operations. We can also coordinate with qualified association counsel when legal guidance is needed.

Contact FirstService Residential to learn how our Pennsylvania team can support your HOA.

This information is provided for general informational purposes only and is not intended to constitute, and should not be relied upon as, legal, regulatory, financial, or operational advice, or as a representation or guarantee of any specific services, capabilities, or outcomes. Property management needs, regulatory requirements, market conditions, and available services vary by jurisdiction, property type, and community. FirstService Residential provides services through locally based affiliates and associates, and services and results may vary by community, region, contractual terms, and applicable law.