Pennsylvania HOA laws: A 2025 guide

Tuesday April 22, 2025

What are Pennsylvania HOA laws?

In Pennsylvania, homeowners associations (HOAs) are primarily established under the Uniform Planned Community Act (UPCA), codified in Title 68, Chapters 51-54 of the Pennsylvania Consolidated Statutes. The UPCA typically applies to planned communities that contain more than 12 units and creates obligations for the associations in charge of these communities. Smaller communities may be exempt, but many still adopt similar governance structures voluntarily.

PA hoa lawsThe goal of Pennsylvania HOA laws is to provide structure to the operation of planned communities. These laws generally authorize HOAs to manage shared amenities, maintain common areas, levy assessments, and enforce community rules. They also give homeowners certain protections and rights, such as access to records and participation in board meetings.

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.
 

Who regulates HOAs in PA?

In Pennsylvania, HOAs are regulated primarily by the Pennsylvania General Assembly through legislation, with the Uniform Planned Community Act and the Nonprofit Corporation Law being the most relevant. While there is no dedicated state agency that oversees or enforces PA HOA laws directly, these laws are generally enforceable through the courts.
 

What is the statute of limitations on HOA in PA?

The statute of limitations for HOAs in Pennsylvania to initiate legal action, such as foreclosure or a money judgment, is typically four years from the date the assessments become payable. After this period, the HOA may lose the legal ability to recover those unpaid assessments through foreclosure or court action. This aligns with Pennsylvania’s general contract statute of limitations, though this amount can vary depending on specific circumstances.

It is essential for HOA boards to maintain proper records of assessments and follow consistent collection procedures to help prevent losing the right to pursue delinquent balances.
 

Homeowners’ rights in Pennsylvania 

Homeowners in Pennsylvania communities governed by HOAs have several rights under PA HOA laws. Homeowners may have the right to:
  • Attend board meetings and participate in decision-making processes, except for certain executive sessions.
     
  • Review financial statements, budgets, and meeting minutes upon request.
     
  • Vote in board elections and on major decisions, such as amendments to governing documents.
     
  • Challenge fines, rule violations, or other penalties through a fair and documented process.
     
  • Enjoy their property within reasonable community standards, free from arbitrary or discriminatory enforcement of rules.
HOAs must operate within the constraints of their governing documents and applicable laws. Rules that infringe on fair housing laws or impose unreasonable restrictions are typically not enforceable.
 

Key powers and responsibilities of HOAs in PA

HOAs in Pennsylvania are granted several powers under the UPCA to manage community affairs effectively. These powers are generally exercised by a board of directors elected by the homeowners:
  • Maintaining and regulating common areas: This may include tasks such as landscaping, pool maintenance, and upkeep of roads or sidewalks within the community.
     
  • Levying assessments: To fund the maintenance and operation of the association, many HOAs have the authority to levy mandatory assessments. These assessments are typically outlined in the community's declaration or bylaws.
     
  • Enforcing community rules: HOAs typically enforce community rules and architectural standards, subject to their governing documents and applicable laws. Common examples include limitations on exterior paint colors, rules for holiday decorations, and lawn care requirements. PA HOA laws may allow associations to issue violation notices and, in many cases, impose reasonable fines for non-compliance.
     
  • Legal action: HOAs may have the authority to take legal action to collect unpaid assessments. This may include the ability to place liens on properties and initiate a court-ordered foreclosure. These rights, however, must be exercised in accordance with PA HOA laws and within the statute of limitations.

Assessment collection procedures

Under PA HOA laws, assessments are typically a legal obligation for homeowners within a planned community. These payments are used to fund the operation and maintenance of common areas and services.

If a homeowner fails to pay on time, the collection process often begins with a due date specified in the governing documents. If a payment is late, the HOA may assess a late fee and send a notice of delinquency. Continued nonpayment may lead to more formal steps, including placing a lien on the property or initiating foreclosure.

It is critical for HOAs to follow their own procedures exactly as written in their governing documents. Failure to do so may jeopardize their ability to collect. On the other hand, homeowners should remain informed about their assessment schedules and seek clarification promptly if they receive a notice.
 

HOA rule enforcement guidelines

PA HOA laws may grant associations the ability to create and enforce rules for the benefit of the community. However, these rules must be clearly written, adopted through proper procedures, and effectively communicated to all residents.

Enforcement typically begins with a written notice of violation. This notice typically cites the specific rule, describes the violation, and offers the homeowner an opportunity to correct the issue or contest the finding. If the issue remains unresolved, the HOA may impose fines or suspend privileges such as access to amenities.

The enforcement process must be fair, consistent, and non-discriminatory. Associations should work with qualified legal counsel when creating or amending rules to support compliance with local, federal, and state law.
 

Unenforceable HOA rules in Pennsylvania

Not all HOA rules are valid under PA HOA laws. Any rule that contradicts state or federal laws, including fair housing laws or rights protected by the U.S. Constitution, may be unenforceable.

For instance, rules that unfairly discriminate against residents based on race, religion, disability, or familial status can expose the HOA to serious legal consequences. Additionally, restrictions that are too vague, not properly adopted, or that exceed the authority granted in the governing documents may be considered invalid. To remain compliant, HOAs should review their rules periodically with legal counsel and make updates as laws evolve.

If your community association needs guidance on complying with PA HOA laws, collecting assessments, or refining your rules, our team at FirstService Residential is here to help. As a leading property management company, we can provide tailored solutions that simplify operations and support your board’s long-term goals. Reach out today to learn more
 
Tuesday April 22, 2025