Unenforceable HOA rules in Pennsylvania: Everything you need to know

What are unenforceable HOA rules in PA?

Unenforceable HOA rules in Pennsylvania are any homeowners association (HOA) policies that may contradict state or federal law, violate homeowner rights, lack proper implementation, or are applied inconsistently.

Pennsylvania law gives HOAs a great deal of authority to manage shared communities, but that authority must operate within the boundaries of legality, fairness, and transparency. If a rule contradicts federal laws like the Fair Housing Act or Pennsylvania’s Uniform Planned Community Act, it may not be enforceable, regardless of what the association’s documents say.

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.
 

Common types of unenforceable HOA rules in Pennsylvania

Many unenforceable HOA rules in Pennsylvania fall into predictable categories: they either violate resident rights, contradict laws, or were never properly enacted. Rules that target protected classes or attempt to override higher legal authorities often fall into this category.

Rules that may be deemed unenforceable in Pennsylvania include those that:

• Discriminate against protected classes: Rules that treat residents differently based on protected classes like race, religion, or national origin may be inconsistent with the Fair Housing Act and Pennsylvania Human Relations Act.
   
• Restrict lawful speech or expression: Examples may include prohibiting residents from displaying religious symbols or barring the display of U.S. flags, to the extent such displays are protected under state and federal guidelines.
   
• Ban satellite dishes or antennas: Federal Communications Commission (FCC) rules protect the installation of certain antennas and satellite dishes. HOA restrictions in conflict with these protections may not be legally enforceable.
   
• Impose fines without due process: If a rule authorizes penalties but the enforcement process does not offer adequate notice and an opportunity to respond, it could be subject to legal challenge.
   
• Were not properly adopted: Rules that were introduced without proper homeowner notification, voting, or documentation in line with the HOA’s bylaws might be procedurally invalid and considered unenforceable.
   
• Lack clarity or specificity: HOA rules must be clear and specific to be enforceable in Pennsylvania. Vague or ambiguous rules might create confusion, leave too much room for interpretation, or be more difficult to enforce consistently.
   
• Attempt to override state or federal law: For instance, restricting occupancy based on family status or creating curfews for minors without legal authority could create conflicts with broader legal protections.

Boards should consult qualified legal counsel and experienced property managers before adopting or amending rules to support compliance with Pennsylvania law and their governing documents.
 

Enforceable HOA rules

Enforceable HOA rules in Pennsylvania are generally those that comply with federal and state laws, are clearly stated in the association’s governing documents, are adopted through proper procedures, and are enforced fairly and consistently. Some examples may include:

• Architectural controls: HOAs may have the authority to regulate exterior modifications such as fences, decks, and paint colors.
   
• Pet restrictions: Associations may be able to limit the number or type of pets permitted, subject to exceptions required by law for service animals and emotional support animals.
   
• Parking and vehicle rules: Enforceable rules may address where residents and guests can park on private roads, prohibit inoperable vehicles, or regulate commercial vehicle parking, if these provisions are clearly outlined and uniformly applied in compliance with applicable laws.
   
• Amenity use guidelines: HOAs often establish hours of operation and usage rules for pools, gyms, and clubhouses to promote safe and equitable access.
   
• Rental restrictions: If the community's governing documents support such measures, associations may regulate short-term rentals or subleasing, so long as these policies are applied consistently and do not conflict with applicable laws.
   
• Noise regulations: Reasonable quiet hours or prohibitions against loud disturbances may be enforceable when clearly defined in the rule set and in compliance with local ordinances.
   
• Trash disposal guidelines: Rules regarding the placement, timing, and storage of trash and recycling bins might be enforceable, especially when clearly defined in governing documents to maintain cleanliness and public health standards.

Even when a rule is generally considered enforceable, it still needs to be properly implemented and applied. Boards should document enforcement consistently and communicate updates transparently to maintain compliance and resident confidence. It is also advisable for boards to periodically revisit their rule sets with qualified legal counsel to confirm that enforceable rules remain current with legal and community developments.
 

How to fight unenforceable HOA rules

To fight unenforceable HOA rules in Pennsylvania, homeowners should begin by reviewing the association’s governing documents. If a discrepancy exists, they may be able to bring their concerns to the board in writing or during an open HOA meeting. Homeowners should reference specific bylaws and provide documentation that supports their position. In many cases, HOA boards are open to adjusting rules that are outdated, unenforceable, or unclear. Most HOA boards are volunteer-led, and ever-evolving Pennsylvania laws can sometimes lead to miscommunications or outdated rules despite best intentions.

If there is uncertainty about whether a rule holds up, boards and homeowners should avoid making assumptions. Consulting an attorney familiar with Pennsylvania common interest community law is often the most reliable way to gain clarity and prevent potential conflicts. Working with a knowledgeable property management company can help boards align rules with applicable laws and best practices. In some situations, amending the governing documents may be necessary to clarify rule language and remove any potentially unenforceable HOA rules in Pennsylvania.
 

The role of property management in supporting compliance

Property management companies can help identify outdated or unclear rules, recommend updates, and coordinate the legal review of proposed changes before adoption. They can also help boards develop communication plans, providing transparency and reducing friction while enforcing rules. This support can help protect the board and reduce the risk of legal exposure.

If your association board is reviewing its governing documents and needs help navigating unenforceable HOA rules in Pennsylvania, reach out to a member of our team today.