Pennsylvania homeowner liens: A guide for HOAs

What are homeowner liens?

A homeowner lien is a legal claim tied to a property when an owner owes money. In an HOA, that may happen when HOA fees or other authorized charges go unpaid and the association has lien rights under its recorded governing documents or applicable Pennsylvania HOA laws. Pennsylvania homeowner liens can help secure that unpaid balance against the property for as long as the lien remains enforceable.
 

Types of liens

Homeowners may encounter several kinds of liens in Pennsylvania:

• HOA assessment liens: In planned communities covered by Pennsylvania’s Uniform Planned Community Act, an association has a lien for unpaid assessments or fines from the time they become due. Certain fees, charges, interest, collection costs, and legal fees may also be enforceable as assessments (68 Pa.C.S. § 5315(a)).
   
• Mechanics’ liens: Contractors or subcontractors may claim a lien for qualifying unpaid labor or materials used to improve property under Pennsylvania’s Mechanics’ Lien Law of 1963 (49 P.S. § 1301).
   
• Tax liens: Unpaid state taxes may lead the Pennsylvania Department of Revenue to file a lien with the county.
   
• Judgment liens: Certain court judgments can become liens on a debtor’s real estate when properly entered of record in the county where the property is located (42 Pa.C.S. § 4303).

Learn more in our guide to Pennsylvania’s Uniform Planned Community Act.
 

How HOA liens work in Pennsylvania

While each community is unique, here’s how the HOA lien process generally works in Pennsylvania:

1. An unpaid balance develops. The owner becomes responsible for assessments or other charges allowed by the governing documents. Pennsylvania law provides for common expense assessments in planned communities and gives associations a lien for qualifying unpaid assessments and fines (68 Pa.C.S. §§ 5314, 5315).
    
2. The association follows its collection process. Any required notices are sent, and the owner may have an opportunity to resolve or question the balance before the association takes further collection action. The association should follow its governing documents and applicable law.
    
3. The lien takes effect. In planned communities covered by Pennsylvania’s Uniform Planned Community Act, the association’s lien generally arises when the assessment or fine becomes due (68 Pa.C.S. § 5315(a), (d)).
    
4. The association may pursue collection. This may include seeking payment through a collection action or pursuing other remedies available under Pennsylvania law (68 Pa.C.S. § 5315(f)).
    
5. The lien is resolved. Once the debt is paid, settled, or otherwise resolved, the lien no longer secures an unpaid balance.

In some cases, a valid HOA lien may also lead to a foreclosure action. Because foreclosure is a significant legal step, the association’s governing documents and the facts of the case matter.
 

Can an HOA foreclose on a lien in Pennsylvania?

An HOA covered by Pennsylvania’s Uniform Planned Community Act may foreclose its assessment lien in the same manner as a mortgage on real estate (68 Pa.C.S. § 5315(a)). Foreclosure does not happen automatically because a payment is late or a lien exists. The amount owed, the association’s documents, and the collection steps already taken all matter, so boards should work with qualified Pennsylvania counsel before moving forward.
 

Why do HOA liens matter when buying or selling?

Pennsylvania HOA liens matter during a sale because an unresolved lien can affect the property’s title and may need to be addressed before closing. Buyers, sellers, lenders, and title companies may need to confirm whether any balance is still owed through the HOA resale package before the transaction can move forward.
 

Can you fight an HOA lien?

Yes, an owner may be able to challenge a Pennsylvania HOA lien when the debt, lien authority, or application of the governing documents or applicable law is disputed. A good first step is to contact the HOA or property manager.

They can help review the account history, explain the charges, and identify the governing documents behind the lien. Many questions may be resolved through that conversation. Questions may include whether the amount is accurate or whether the association has followed the applicable requirements.
 

When does an HOA lien take effect?

For planned communities covered by Pennsylvania’s Uniform Planned Community Act, an HOA assessment lien generally takes effect when the assessment or fine becomes due. Recording the community’s declaration provides record notice and perfection of the lien, so the association generally does not need to record a separate lien document (68 Pa.C.S. § 5315(a), (d)).
 

How to get homeowner liens removed in PA

A Pennsylvania homeowner lien can generally be cleared by paying or otherwise resolving the balance, or by successfully challenging the lien. Once the issue is resolved, the homeowner lien no longer secures an unpaid balance.
 

How owners can avoid HOA liens

Owners can often avoid Pennsylvania HOA liens by staying current on assessments and responding quickly when an account question arises. Helpful steps include reviewing the annual assessment amount, keeping contact information current, reading association notices, and checking account statements for unexpected balances.

When paying an assessment becomes difficult, reaching out early can also help. The association or management team may be able to explain the balance and discuss any options available under the governing documents.
 

About FirstService Residential

FirstService Residential supports Pennsylvania communities with local expertise and dedicated service. Our teams assist with communication, maintenance coordination, financial management, documentation, and 24/7 customer care, all designed to simplify life for board members and residents alike.

To learn how FirstService Residential can support your association, contact our team today.

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.