Pennsylvania HOA Laws 2026: Uniform Planned Community Act (68 Pa. C.S. § 5101) & UPCA Rules

Pennsylvania's Uniform Planned Community Act (UPCA), 68 Pa. C.S. §§ 5101 through 5414, governs planned community HOAs created after 1996. Pennsylvania condominiums are governed by the Unit Property Act (68 Pa. C.S. §§ 3101 et seq.). Pennsylvania is a moderate-to-strong HOA regulation state with detailed provisions on owner rights, assessment liens, and resale disclosure.

UPCA Scope: Planned Communities Created After 1996

The UPCA applies automatically to all planned communities created after January 1, 1997. Communities created before that date may opt into the UPCA or remain under their pre-existing CC&Rs and Pennsylvania nonprofit corporation law. Many older Pennsylvania communities have amended their declarations to incorporate UPCA provisions voluntarily.

Resale Disclosure: Pennsylvania's Detailed Requirements

UPCA § 5407 requires that sellers provide buyers with a resale certificate before closing. The association must provide the certificate within 10 business days of request. The certificate must include: current assessments, any outstanding special assessments, the current budget, reserve fund balance, pending litigation, and copies of the declaration and bylaws. Buyers have 5 days after receipt to rescind the contract.

Assessment Liens in Pennsylvania

UPCA § 5315 grants a statutory lien for unpaid assessments. The lien is created when assessments are due and must be perfected by recording in the county recorder of deeds office. Pennsylvania allows judicial foreclosure of UPCA assessment liens. The statute provides priority for HOA liens over most other liens except first mortgages and tax liens.

Owner Rights Under the UPCA

• Right to attend and speak at all open board meetings
• Right to inspect records within 5 business days of written request
• Right to vote in elections by written ballot
• Right to receive the annual budget and audited financial statements
• Right to a hearing before any fine is imposed
• Right to challenge board actions that violate the UPCA or governing documents

Reserve Fund Requirements

Pennsylvania UPCA associations must maintain a reserve fund for major repairs and replacements. The budget must include a reserve contribution based on a reserve plan. Pennsylvania does not mandate a third-party reserve study by statute, but the reserve plan must be reasonable and documented. Reserve status is disclosed in the resale certificate.

Enforcement Procedures

Before imposing a fine under the UPCA, the association must: (1) provide written notice of the alleged violation identifying the specific rule or CC&R provision, (2) allow a reasonable time to cure, and (3) provide an opportunity for a hearing before the board. Pennsylvania does not set a statewide fine cap — fine amounts are set by the governing documents.