Pennsylvania HOA Laws: Statutes, Rules & Board Duties

What Pennsylvania statutes actually require of community associations — meetings, fines, assessments and liens, records, reserves, architectural review, and the resident protections a board cannot override. Every point is cited to statute.

By the Grihak Team · Researched 2026-07-09

Governing statutes

• Uniform Planned Community Act (UPCA), 68 Pa.C.S. §§ 5101–5414 governs planned communities (HOAs). It applies in full to planned communities created on or after February 2, 1997 (the subpart's effective date) with more than 12 units (68 Pa.C.S. § 5102(a)). (verify unit-count threshold and small/limited-amenity exceptions in § 5102(a).)
• Uniform Condominium Act (UCA), 68 Pa.C.S. §§ 3101–3414 governs condominiums and applies mainly to condominiums created after February 2, 1981. (The "Feb. 2, 1981" date is the UCA's effective date, not the UPCA's — the two acts have different effective dates.)
• Retroactive sections (UPCA): even for planned communities created before Feb. 2, 1997, a specific list of sections applies to events occurring after that date, including §§ 5105, 5106, 5107, 5203, 5204, 5302 (enumerated powers), 5311, 5315 (liens), 5316 (records), and 5407 (resale) (68 Pa.C.S. § 5102(b)); a later subsection adds §§ 5303(a)–(b), 5307, 5314, 5319 and others (§ 5102(b.1)). (verify the exact enumerated list against current § 5102.)
• Where the governing documents (declaration, bylaws, rules) conflict with the statute, the statute controls; the declaration is created and amended per §§ 5205 and 5219.

Meetings & notice

• Notice window: the bylaws must require an officer to send meeting notice not less than 10 nor more than 60 days before any meeting, by hand delivery, prepaid U.S. mail, or (if the owner consented in writing or the bylaws permit) electronic means (68 Pa.C.S. § 5308).
• The notice must state the time, place, and agenda, including the general nature of any proposed declaration/bylaw amendment, any budget or assessment change, and any proposal to remove a director or officer where owner approval is required (68 Pa.C.S. § 5308).
• Meeting frequency: the association must meet at least once each year, plus provision for special meetings (68 Pa.C.S. § 5308).
• Remote participation: owners may attend and participate by conference telephone or other remote electronic technology (including the internet) that lets participants hear one another; this counts as attendance in person (68 Pa.C.S. § 5308). (verify — added/expanded by Act 115 of 2022.)
• Pre-election session: when there are more candidates than open board seats, candidates may request a special session at least 7 days before the election, with equal time to address owners (68 Pa.C.S. § 5308). (verify subsection.)
• Quorum: unless the bylaws state otherwise, a quorum is 20% of the votes present in person or by proxy at the start of the meeting (68 Pa.C.S. § 5309); voting and proxies are governed by § 5310. The UPCA does not impose a general California-style "open meeting / executive session" scheme; closed-session limits, if any, come from the bylaws. (verify — § 5308 does not enumerate executive-session categories.)

Fines & enforcement

• The association's powers include the authority, after notice and an opportunity to be heard, to levy reasonable fines for violations of the declaration, bylaws, and rules and regulations (68 Pa.C.S. § 5302(a)(11)).
• The same paragraph allows the association to impose charges for late payment of assessments without the notice-and-hearing precondition that applies to fines (68 Pa.C.S. § 5302(a)(11)).
• No statutory dollar cap on fines. Unlike California's $100 cap, Pennsylvania sets no maximum fine amount by statute; the amount and hearing procedure must come from the declaration/bylaws and be "reasonable" (68 Pa.C.S. § 5302(a)(11)). (verify — no PA fine-cap statute located as of 2026-07-09.)
• Executive board members act as fiduciaries and must exercise good-faith, prudent-person care in enforcement decisions (68 Pa.C.S. § 5303(a)).
• Unpaid fines (like assessments) can become part of the association's lien on the unit (68 Pa.C.S. § 5315(a)) — a broader lien reach than California, which generally bars collecting fines via assessment lien.

Assessments, liens & foreclosure

• The association has a lien on a unit for any assessment levied against that unit or any fine imposed against its owner, from the time it becomes due; the lien also secures fees, late charges, interest, and reasonable costs and legal fees (68 Pa.C.S. § 5315(a)).
• Foreclosure method: the lien "may be foreclosed in a like manner as a mortgage on real estate" — i.e., judicial foreclosure (68 Pa.C.S. § 5315). Pennsylvania has no statutory nonjudicial (trustee-sale) HOA foreclosure.
• Duration: the lien is extinguished unless enforcement proceedings are begun within 4 years after the assessments become payable (68 Pa.C.S. § 5315). (Note: earlier versions of the statute set a 3-year period; the current statute says four years — confirm the version applicable to your dates.)
• Priority: the assessment lien is prior to other liens except (1) liens/encumbrances recorded before the assessment's due date, (2) first mortgages recorded before the due date, and (3) tax/governmental liens; a limited portion of assessments (roughly the 6 months preceding a mortgage foreclosure sale) receives super-priority (68 Pa.C.S. § 5315(b)). (verify the super-priority window and its exact terms.)
• Payment application: unless the declaration provides otherwise, payments apply first to interest, then late fees, then costs and attorney fees, then the delinquent assessment (68 Pa.C.S. § 5315). Pennsylvania sets no minimum-debt or months-delinquent threshold before foreclosing (contrast California's $1,800 / 12-month rule). (verify — no such threshold located.)

Records access

• All financial and other records of the association must be made reasonably available for examination by any unit owner and their authorized agents (68 Pa.C.S. § 5316).
• On written request, the association must provide the annual financial statement within 30 days (68 Pa.C.S. § 5316).
• The association may charge a fee not exceeding the cost of producing copies of records other than the annual financial statement (68 Pa.C.S. § 5316).
• Section 5316 applies retroactively to pre-1997 planned communities (68 Pa.C.S. § 5102(b)). The UPCA does not fix California-style tiered 10-business-day / 30-day deadlines for all record categories. (verify — § 5316 gives a general "reasonably available" standard plus the 30-day financial-statement rule.)

Reserves & budgets

• Once any assessment has been made, assessments must be made at least annually, based on a budget adopted at least annually by the association (68 Pa.C.S. § 5314).
• Budget rejection (owner veto): within 30 days after the executive board approves a budget or capital expenditure, the unit owners may reject it by majority vote (or a larger vote if the declaration requires) (68 Pa.C.S. § 5303(b)). If not rejected within the window, it stands. (Note: this owner-veto is in § 5303(b), not § 5314.)
• No statutory reserve-study mandate. Unlike California's § 5550 reserve-study/reserve-funding regime, the UPCA does not require a periodic reserve study or a formal reserve funding plan; reserve practices are governed by the declaration/bylaws and fiduciary duty. (verify — no reserve-study statute located in the UPCA as of 2026-07-09.)
• No statutory balcony/exterior-elevated-element inspection law comparable to California SB 326. (verify.)

Architectural control

• The UPCA does not contain a California-style § 4765 "fair, reasonable, good-faith procedure" statute for architectural applications. Architectural review authority, standards, and timelines come from the declaration and bylaws, exercised subject to the board's fiduciary duty (68 Pa.C.S. § 5303(a)) and the association's rulemaking power (68 Pa.C.S. § 5302(a)(1)). (verify — no dedicated architectural-review section located.)
• Any approval deadline, written-decision, or appeal right must be found in the specific community's governing documents, not the statute. (verify any timeline claimed in a community's rules.)

Protected activities (what an HOA generally cannot prohibit)

• Flags: an association may not prohibit a unit owner from displaying one American flag, one Commonwealth (Pennsylvania) flag, and one military flag on the owner's property, subject to reasonable flagpole location/size rules; wall-bracket display may not be prohibited, and a protected flag may be limited to 5 ft × 3 ft — under the American, Commonwealth and Military Flag Act (Act 93 of 2006), 44 P.S. §§ 50.1–50.4 (a stand-alone statute, not part of the UPCA). (verify exact subsection — flag-size limit reported at 44 P.S. § 50.3.)
• Solar panels: Pennsylvania has no HOA solar-access law. HOAs may lawfully restrict or prohibit solar installations through the CC&Rs — a gap versus California's Civ. Code § 714. (verify — no PA solar-access statute located as of 2026-07-09.)
• Political / noncommercial signs: not protected. HOAs may restrict or prohibit political yard signs; Pennsylvania courts have upheld such restrictions as private (non-state) action (Midlake on Big Boulder Lake Condominium Ass'n v. Cappuccio, Pa. Super. 1996). This is a gap versus California's § 4710. (verify current case status.)
• EV charging stations: no PA statute requires HOAs to permit owner EV chargers — a gap versus California's § 4745. (verify — none located.)
• Native / drought-tolerant landscaping, clotheslines, artificial turf: no PA statutory protection located; these remain governed by the declaration — gaps versus California's §§ 4735, 4750.10. (verify.)

Fair housing & assistance animals

• The federal Fair Housing Act (42 U.S.C. §§ 3601 et seq.) and the Pennsylvania Human Relations Act (PHRA), 43 P.S. §§ 951–963, prohibit housing discrimination by associations, including on the basis of disability. (verify PHRA citation range.)
• Associations must make reasonable accommodations in rules and policies, which can include allowing service animals and emotional-support animals notwithstanding a "no pets," breed, weight, or quantity rule; the association may request documentation of a disability-related need where the need is not obvious but may not demand details of the diagnosis (FHA / PHRA guidance, PA Human Relations Commission). (verify exact PHRC guidance citation.)
• Pennsylvania's Assistance and Service Animal Integrity Act (Act 79 of 2018) lets housing providers request reliable supporting documentation and creates penalties for misrepresenting a disability or the need for an assistance animal. (verify statutory codification of Act 79 of 2018.)

Required disclosures

• Resale certificate: before conveying a unit, the owner must furnish the buyer the declaration, bylaws, rules, and a certificate disclosing, among ~14 items: monthly common-expense assessments, any unpaid/special assessments, other fees, planned capital expenditures (current + next 2 fiscal years), reserves, the most recent balance sheet and income/expense statement and current operating budget, judgments and pending litigation against the association, insurance, unapproved alterations, and known code violations (68 Pa.C.S. § 5407(a)).
• The association must provide the certificate within 10 days of a written request by an owner (68 Pa.C.S. § 5407(b)). (verify the day count and any fee limit.)
• The purchase contract is voidable by the buyer until the certificate is provided and for 5 days thereafter (or until conveyance) (68 Pa.C.S. § 5407). Section 5407 applies retroactively to pre-1997 communities (68 Pa.C.S. § 5102(b)).

Dispute resolution

• Alternative dispute resolution: the bylaws must establish ADR procedures for disputes between owners, or between an owner and the association; however, ADR is limited to disputes where all parties agree, and costs/fees (excluding attorney fees) are split equally (68 Pa.C.S. § 5321). ADR does not bar a party's right to bring a private action (§ 5321). (Contrast California, where IDR/ADR is largely mandatory before certain suits.)
• Bureau of Consumer Protection complaints: an owner in good standing may file a complaint with the Pennsylvania Bureau of Consumer Protection for a violation of § 5308 (meetings), § 5309 (quorums), or § 5310 (voting/proxies), generally after exhausting available ADR (68 Pa.C.S. § 5322). (verify — added by Act 115 of 2022.)

Recent changes (2023–2026)

• Act 115 of 2022 (eff. May 3, 2023): the major recent overhaul of the UPCA/UCA/cooperative acts — expressly authorizes virtual meetings, electronic/absentee voting, and electronic notices unless the bylaws prohibit them; redefines remote participation as "in person"; adds pre-election sessions; requires an independent election reviewer for communities with 500+ units (or by 51% vote in smaller ones); adds ADR (§ 5321) and Bureau of Consumer Protection complaints (§ 5322). (verify each section placement — omnibus amendment.)
• Bylaw-amendment rules (Act 115): meetings to amend bylaws require 14 days' prior notice and generally at least a majority (51%) approval, with declarant-set lower thresholds curtailed. (verify subsection.)
• No California-style fine cap, reserve-study mandate, solar/EV/sign protections, or balcony-inspection law has been enacted in Pennsylvania as of 2026-07-09. (verify — none located; monitor for new legislation.)

Sources

• Uniform Planned Community Act, Chapter 53 (Management) — PA General Assembly HTM: § 5302 (https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/68/00.053.002.000..HTM), § 5303 (https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/68/00.053.003.000..HTM), § 5308 (https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/68/00.053.008.000..HTM), § 5314 (https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/68/00.053.014.000..HTM), § 5315 (https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/68/00.053.015.000..HTM), § 5316 (https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/68/00.053.016.000..HTM), § 5319 (https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/68/00.053.019.000..HTM), § 5321 (https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/68/00.053.021.000..HTM), § 5322 (https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/68/00.053.022.000..HTM)
• UPCA applicability/retroactivity, § 5102 — https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/68/00.051.002.000..HTM ; Chapter 51 overview — https://www.legis.state.pa.us/wu01/li/li/ct/htm/68/00.051..htm
• UPCA resale certificate, § 5407 — https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/68/00.054.007.000..HTM
• Full UPCA text (PA Attorney General PDF) — https://www.attorneygeneral.gov/wp-content/uploads/2019/05/UniformPlannedCommunityAct.pdf
• § 5315 lien (Justia, current) — https://law.justia.com/codes/pennsylvania/title-68/chapter-53/section-5315/ ; § 5303 executive board — https://law.justia.com/codes/pennsylvania/title-68/chapter-53/section-5303/
• Uniform Condominium Act text (68 Pa.C.S. §§ 3101–3414) — https://www.marcushoffman.com/uploads/1/6/3/2/16326780/pa_uniform_condominium_act.pdf
• Act 115 of 2022 analyses — Barley Snyder (https://www.barley.com/counting-votes-or-making-votes-count-sweeping-legislative-changes-to-condominium-cooperative-and-planned-community-hoa-laws-in-pennsylvania/) ; Saxton & Stump (https://www.saxtonstump.com/news-and-insights/pennsylvania-enacts-significant-changes-to-condominium-cooperative-and-planned-community-hoa-laws/) ; PA Law Firm Act 115 (https://www.palawfirm.com/post/pennsylvania-hoas-and-condo-associations-are-going-virtual-thanks-to-act-115)
• American, Commonwealth and Military Flag Act (Act 93 of 2006, 44 P.S. §§ 50.1–50.4) — https://www.legis.state.pa.us/WU01/LI/LI/US/PDF/2006/0/0093..PDF
• Political-sign restrictions upheld — Homeowners Protection Bureau PA overview (https://www.hopb.co/pennsylvania) ; Fiffik Law (https://www.fiffiklaw.com/post/political-yard-signs-rights-regulations-and-homeowners-associations-in-pennsylvania)
• Solar-access gap — Palmetto state solar laws (https://palmetto.com/policy/solar-access-laws-by-state)
• Assistance animals / PHRA — PA Association of Realtors (https://www.parealtors.org/resources/assistance-animals/) ; PA Human Relations Commission ESA guidance (https://www.pa.gov/content/dam/copapwp-pagov/en/phrc/old-files--do-not-use/74687-PHRC-Emotional%20Support%20Animal-V7%20-%20edits.pdf)
• Pennsylvania HOA/COA foreclosure overview — Nolo (https://www.nolo.com/legal-encyclopedia/pennsylvania-hoa-coa-foreclosures.html)

HOA laws in other states

• Alabama HOA laws
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