Homeowners associations (HOAs) and condominium associations are governed by their own declarations, bylaws, and rules — as well as Pennsylvania statutes. For condominiums, the governing law is the Uniform Condominium Act (68 Pa.C.S. § 3101 et seq.). For planned communities (including traditional HOAs), it's 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.
Disputes between owners and associations are common, often heated, and frequently involve more emotion than the dollar amount at stake would suggest. Understanding the legal framework helps separate legitimate grievances from situations where the association is acting within its authority.
Regular assessments. The association has the authority to levy regular assessments for common expenses — maintenance, insurance, reserves, management fees, utilities for common areas. The assessment amount is typically set by the board annually, within limits established by the declaration. If you disagree with the amount, your remedy is to attend board meetings, run for the board, or vote on assessment 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. Under both the Condominium Act and the Planned Community Act, unpaid assessments create an automatic lien on the unit. The association can foreclose on this lien — meaning you can lose your home for unpaid HOA dues. The lien has priority over most other liens except first mortgages, real estate taxes, and mechanics' liens filed before the assessment was due.
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 procedures 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. In each case, the enforceability of the rule depends on whether it's in the declaration (very strong), the bylaws (strong), or a board-adopted rule (enforceable if reasonable and within the board's authority).
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 as a whole.
Access to records. Under the Condominium Act (§ 3318) and the Planned Community Act (§ 5218), unit owners have the right to inspect and copy the association's financial records, meeting minutes, contracts, and other documents. An association that refuses to provide records on request is violating the statute. This is often 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.
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 on behalf of all owners for defects affecting common areas. Individual owners may have separate claims for defects within their units.
For existing communities, the association has a duty to maintain common elements. If the association 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 collecting money damages.
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), the buyer has a right to cancel the purchase within seven days of receiving the resale certificate. Sellers who fail to obtain and provide the resale certificate risk the buyer exercising this cancellation right — even after closing.
Before You Fight Your HOA
Read your declaration and bylaws first. Many disputes arise from misunderstanding what the association can and cannot do. If the declaration gives the board authority to regulate exterior modifications and you made changes without approval, the board is within its rights to enforce — regardless of how unreasonable you think the rule is. That said, if the board is enforcing selectively, acting in bad faith, or exceeding its authority, you have legal options.
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