How to Dispute an HOA Violation in Pennsylvania

HOA Law in Pennsylvania

Pennsylvania's Uniform Planned Community Act (68 Pa.C.S. §5101 et seq.) provides a comprehensive statutory framework for planned communities and homeowners associations. The Act establishes requirements for governance, financial management, and homeowner rights, and it works alongside the Pennsylvania Uniform Condominium Act (68 Pa.C.S. §3101 et seq.) for condominium communities. Together, these statutes provide robust protections for community association members.

Under 68 Pa.C.S. §5315, homeowners have the right to a hearing before the board when facing covenant enforcement actions. The statute requires associations to follow fair procedures and provide adequate notice before imposing fines or sanctions. Pennsylvania law also imposes fiduciary duties on board members, requiring them to act in good faith, with reasonable care, and in the best interests of the association.

Pennsylvania courts have developed significant case law interpreting HOA governing documents and enforcement actions. The courts generally apply the business judgment rule to board decisions but will intervene when boards act outside their authority, in bad faith, or in violation of statutory requirements. Pennsylvania homeowners should be aware that the Uniform Planned Community Act provides a floor of protection — the governing documents can provide additional protections but cannot reduce the rights granted by statute.