How do I dispute an HOA assessment or fine in Pennsylvania?
Pennsylvania is one of about 20 UCIOA-adopting states, giving condo and planned-community owners parallel statutory protections.
1. Governing Statute
2. CC&Rs and Bylaws
The Declaration must be recorded (§ 5205) and runs with the land. Bylaws (§ 5306) govern board procedure. Use restrictions, architectural controls, and assessment authority must be in the Declaration.
3. Common Disputes
Architectural review, parking, pets, rental restrictions (Pennsylvania courts generally enforce reasonable rental caps post-acquisition only if Declaration authorized — see Lyman v. Boonin, 535 Pa. 397), assessment increases, fines and late fees (§ 5302(a)(11)).
4. Internal Dispute Resolution
The UPCA requires that the association adopt rules "reasonable in scope and form" (§ 5302(a)(15)) and provide reasonable due process — written notice and an opportunity to be heard before imposing a fine or suspending common-area privileges. The Declaration or bylaws typically specify the hearing committee composition.
5. Alternative Dispute Resolution
The UPCA does not require mediation, but many declarations include arbitration clauses enforceable under 42 Pa.C.S. §§ 7301-7320. Some counties (Philadelphia, Allegheny) require court-annexed compulsory arbitration for claims under $50,000.
6. Lien & Foreclosure
The association has an automatic statutory lien for unpaid assessments from the date due (§ 5315(a)). Up to 6 months of regular assessments has priority over the first mortgage — the UCIOA super-lien (§ 5315(b)(2)). Foreclosure is judicial in Pennsylvania; the association files a complaint in mortgage foreclosure (Pa. R. Civ. P. 1141). Owner has redemption rights under common law.
7. Open Meeting & Record Inspection
Board meetings must be open to unit owners except for limited executive sessions on legal, personnel, and contract matters (§ 5308). Owners may inspect financial records, minutes, contracts, and the membership list (§ 5316). Annual budgets must be ratified within 30 days of board adoption.
8. Statutory Caps
Solar collectors (cannot be unreasonably restricted by HOA — common law and HUD guidance), federal OTARD on satellite dishes, flag display under federal Freedom to Display the American Flag Act of 2005 (4 U.S.C. § 5 note), and Service Animal/ESA rules under FHA.
9. Lawsuit Remedies
Declaratory judgment (42 Pa.C.S. § 7531), injunction, breach of fiduciary duty (§ 5303(a)), and derivative actions. Prevailing party attorney's fees are recoverable in actions to enforce the Declaration, bylaws, rules, or the UPCA (§ 5412).
This is legal information, not legal advice.
- Association filed a mortgage foreclosure complaint for assessments
- Fine or special assessment exceeds annual cap in Declaration
- Board denied open-meeting access or record inspection multiple times
- 68 Pa.C.S. §§ 5101-5414 (UPCA)
- 68 Pa.C.S. §§ 3101-3414 (UCA)
- 68 Pa.C.S. § 5315 (lien & super-lien)
- 68 Pa.C.S. § 5308 (open meetings)
- 68 Pa.C.S. § 5412 (attorney's fees)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.