HOA and Condominium Disputes in PA

HOA and Condominium Disputes in Pennsylvania

Homeowners associations (HOAs) and condominium associations are governed by their own declarations, bylaws, and rules, plus Pennsylvania statutes. Condominiums are governed by the Uniform Condominium Act (68 Pa.C.S. § 3101 et seq.). Planned communities (including traditional HOAs) are governed by the Uniform Planned Community Act (68 Pa.C.S. § 5101 et seq.). These statutes set baseline requirements for governance, assessments, disclosures, and owner rights, but the specific rules for your community are in the declaration and bylaws.

Small planned communities are a major exception. A planned community of 12 or fewer units can be subject to only four sections of the Planned Community Act: sections 5105, 5106, 5107, and 5218. That exemption reaches a community created after the Act took effect if no right is reserved to subdivide units, convert them into common elements, or add real estate, and a community created before the Act took effect if it is not a flexible planned community (68 Pa.C.S. § 5102(a)(1), (c)). The declaration can opt the community back into the Act. Those four sections do not include the assessment lien, association records, or resale certificate provisions discussed below. In an exempt community, those rights and duties come from the declaration, not from the statute. Read the declaration before assuming a statutory protection applies. The Condominium Act's applicability section (§ 3102) contains no comparable size exception.

Disputes between owners and associations are common, often heated, and frequently involve more emotion than the dollar amount would suggest. Understanding the legal framework separates legitimate grievances from situations where the association is acting within its authority.

Assessment Disputes

Regular assessments. The association may levy regular assessments for common expenses: maintenance, insurance, reserves, management fees, utilities for common areas. The board typically sets the amount annually, within limits established by the declaration. If you disagree, your remedy is to attend board meetings, run for the board, or vote on increases if the declaration requires owner approval above a certain threshold.

Special assessments. For major expenses not covered by regular assessments (roof replacement, structural repairs, litigation costs) the board may levy special assessments. Some declarations require owner approval for special assessments above a dollar threshold. If the board levies a special assessment without required approval, it may be voidable.

Lien rights. In a condominium, and in a planned community subject to section 5315, the association has a lien on the unit for an assessment levied against the unit or a fine imposed on its owner, from the time the assessment or fine becomes due. The association may foreclose that lien in the same manner as a mortgage, so you can lose your home for unpaid dues. In a small planned community exempt under section 5102, any lien right comes from the declaration instead. The lien has priority over most other liens except liens and encumbrances recorded before the declaration, first mortgages recorded before the assessment due date, and real estate taxes (68 Pa.C.S. § 3315(b); § 5315(b)).

Enforcement and Fines

Associations enforce their rules through fines, suspension of privileges (pool access, parking, amenity use), and ultimately litigation. Before imposing a fine, most declarations require written notice of the violation and an opportunity to be heard, either at a board meeting or in writing. Fines imposed without proper notice and hearing can be challenged.

Common enforcement disputes involve parking restrictions, pet policies, exterior modifications (paint colors, landscaping, additions), rental restrictions, noise complaints, and short-term rental prohibitions. The enforceability of a rule depends on whether it is in the declaration (very strong), the bylaws (strong), or a board-adopted rule (enforceable if reasonable and within the board's authority).

Board Governance Issues

Fiduciary duty. Board members owe fiduciary duties to the association and its members. They must act in good faith, with the care of an ordinarily prudent person, and in the best interest of the community. Self-dealing, conflicts of interest, and decisions made without adequate information can give rise to claims against individual board members or the board.

Access to records. Under the Condominium Act (§ 3316) and the Planned Community Act (§ 5316(a)), the association's financial and other records must be made reasonably available for examination by a unit owner and the owner's authorized agents. That is a reasonableness standard, not an unlimited right of access, so an association may set sensible conditions on when and where you examine the records. Section 5316(b) also lets a planned community association charge a fee up to its cost of copying records other than the financial statement. An association that will not make its records reasonably available is often showing the first sign of a governance problem.

Election disputes. Disputes over board elections (proxy validity, quorum requirements, eligibility of candidates, counting procedures) are resolved under the bylaws and applicable statute. If internal remedies fail, the court can intervene.

Construction Defects and Common Area Maintenance

In newer developments, construction defect claims against the developer are common; water intrusion, structural issues, improperly graded lots, failed stormwater management. The association typically has standing to bring these claims for defects affecting common areas. Individual owners may have separate claims for defects within their units.

The association has a duty to maintain common elements. If it fails to maintain the roof, siding, plumbing, or other common elements, individual owners may have claims against the association, but remedies are usually limited to compelling maintenance rather than money damages.

Resale Disclosure Requirements

When selling a condo or planned community unit, the association must provide a resale certificate containing financial information, pending litigation, reserve fund status, and other material disclosures. Under the Condominium Act (§ 3407) and the Planned Community Act (§ 5407), the purchase contract is voidable by the buyer until the resale certificate has been provided and for five days afterward, or until conveyance, whichever comes first. A seller who fails to provide the resale certificate risks the buyer voiding the contract right up to closing; the right ends once the deed is delivered. Section 5407 does not reach a small planned community that is exempt under 68 Pa.C.S. § 5102(a)(1) or (c).

Legal and factual content on this page was last verified: Aug. 2026. If you are reading this significantly after that date, confirm key provisions with current statute text or contact our office.