State Law Guide - Updated January 2026
Pennsylvania HOA Laws and Homeowner Rights
Under Uniform Planned Community Act (UPCA) (68 Pa.C.S. § 5101 et seq.), Pennsylvania homeowners have specific rights when facing HOA fines and violations. Written notice and opportunity to be heard required before fines (§ 5302(a)(10)(i)).
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Your Rights Under Uniform Planned Community Act
Pennsylvania law provides important protections for homeowners facing HOA enforcement actions. Understanding these rights can help you identify procedural defects that may void improper fines.
Power of Unit Owners' Association
Grants HOA authority to levy reasonable fines (after notice/hearing), collect assessments
Executive Board Members and Officers
Board powers, fiduciary duties, and declarant control periods
Meetings
10-60 days advance notice; remote participation permitted (Act 115 of 2022)
Lien for Assessments
Automatic lien for unpaid assessments/fines; 6-month super lien priority; 3-year deadline
Association Records
Right to inspect financial records; 30-day response required
Common HOA Violations in Pennsylvania
HOAs can only enforce rules that are properly documented in the governing documents (CC&Rs). Here are common violation types that Pennsylvania homeowners face.
Pennsylvania-Specific Issues
- -snow and ice removal (especially northern PA)
- -parking during winter plowing
- -lawn height/maintenance
- -holiday decoration timing
- -RV/boat storage
Common Nationwide Issues
- -architectural modifications
- -landscaping
- -parking
- -noise complaints
- -pet violations
- -rental restrictions
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Pennsylvania HOA Oversight
Bureau of Consumer Protection, Office of Attorney General
Pennsylvania has state-level HOA oversight. You can file complaints and seek assistance for disputes.
Visit Bureau of Consumer Protection, Office of Attorney GeneralFrequently Asked Questions
What law governs HOAs in Pennsylvania?
The Uniform Planned Community Act (UPCA), codified at 68 Pa.C.S. §§ 5101-5414, governs most planned communities with more than 12 units created after February 2, 1997. Communities created before that date may be subject to the UPCA if they opted in, or may be governed solely by their own declarations and bylaws.
Can my Pennsylvania HOA fine me without a hearing?
No. Under 68 Pa.C.S. § 5302(a)(10)(i), HOAs may only levy fines "after notice and an opportunity to be heard." Any fine imposed without proper due process may be unenforceable. The notice must inform you of the alleged violation and explain how to request a hearing.
Is there a maximum fine an HOA can charge in Pennsylvania?
Pennsylvania has no statutory cap on HOA fines. Unlike some states with specific dollar limits, Pennsylvania allows each HOA to set fine amounts in their governing documents. However, fines must be "reasonable" under § 5302, and excessive fines could potentially be challenged.
Can a Pennsylvania HOA foreclose on my home for unpaid fines?
Yes. Pennsylvania HOAs have automatic lien rights for unpaid assessments and fines under § 5315. Pennsylvania is a "super lien" state, meaning 6 months of unpaid assessments take priority even over first mortgages. The lien is extinguished if not enforced within 3 years.
Where can I file a complaint against my Pennsylvania HOA?
Under Act 17 (2018), file complaints with the Bureau of Consumer Protection at the Attorney General's Office for issues related to meetings, voting, records access, and procedural violations. You must first exhaust internal dispute resolution procedures or wait 100 days after initiating them.
Do I have the right to inspect my HOA's financial records in Pennsylvania?
Yes. Under 68 Pa.C.S. § 5316, all financial and other records must be made reasonably available for examination by any unit owner. If the association fails to provide annual financial statements within 30 days of your written request, you may file a complaint with the Bureau of Consumer Protection.
Official Pennsylvania Resources
- UPCA Full Text(Statute)
- PA Bureau of Consumer Protection(Government)
- Pennsylvania Small Claims Court(Courts)
- PA Attorney General HOA Information(Government)
- PA Bar Association Lawyer Referral(Reference)
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Based on 68 Pa.C.S. § 5101 et seq.