Getting Your Pennsylvania HOA's Records

The Uniform Planned Community Act gives Pennsylvania owners a right to the association's financial records — and, unusually, a state agency to turn to when that right is ignored. For your specific situation, a licensed Pennsylvania attorney is the right resource. This is general information, not legal advice.

How long does a Pennsylvania HOA have to provide records?

Thirty days for the annual financial statement. Under 68 Pa.C.S. § 5316, an association with more than 12 units must prepare that statement within 180 days after its fiscal year closes and provide a copy within 30 days of an owner's written request. Other financial records must be made reasonably available for examination by any unit owner and authorized agents.

Under § 5316, the association must keep financial records, and those records "shall be made reasonably available for examination by any unit owner and authorized agents." The right runs to the owner or an authorized agent, so an attorney or family member can do the reviewing.

The statute also requires real reporting. An association with more than 12 units must prepare an annual financial statement within 180 days after the close of its fiscal year. An owner may request a copy in writing, and the association must provide it within 30 days. On cost, the statute keeps it modest: "[t]he association may charge a fee not to exceed the cost of producing copies of records other than the financial statement."

Can I complain to the Pennsylvania Attorney General about HOA records?

Yes, in two situations. Under 68 Pa.C.S. § 5316, if the association fails to provide the required annual financial statement within 30 days of a written request, or the financial records substantiating its financial statements are not made reasonably available for examination, an owner may file a complaint with the Bureau of Consumer Protection in the Office of Attorney General.

What makes § 5316 stand out is the enforcement route it builds in. If the association fails to provide the required statement within 30 days of a written request, or the financial records that substantiate its financial statements "are not made reasonably available" for examination by an owner and authorized agents, the owner may "file a complaint with the Bureau of Consumer Protection in the Office of Attorney General." That gives Pennsylvania owners a state-agency option that owners in many other states do not have — a meaningful lever when a board simply stonewalls.

What owners commonly request

People reviewing the association's books often look at:

• Annual budgets, reserve studies, and the annual financial statement
• Bank statements, vendor contracts, and bids
• The declaration, bylaws, adopted rules, and any fine schedule
• Board and member meeting minutes and notices
• Assessment ledgers and lien notices for the unit

Records frequently feed other disputes — questioning a fine or the assessment lien usually starts with the underlying documents.

For the recorded documents themselves

The recorded declaration and amendments are available from the county Recorder of Deeds. Because the recorded declaration is what created the community and its assessment-and-lien framework, it is often the first document owners obtain.

What people generally do

Owners seeking Pennsylvania records commonly take these steps:

• Many owners put the request in writing, cite § 5316, and identify the records specifically
• The 30-day window for the annual financial statement is easy to miss — after it, the Attorney General complaint route opens if the statement hasn't been provided
• Keeping a copy of the request and any response preserves a record
• If a refusal appears unjustified, a licensed Pennsylvania attorney is the right resource, since the Nonprofit Corporation Law may supply additional member-inspection rights

Sources

• 68 Pa.C.S. § 5316 — Association records
• 68 Pa.C.S. § 5302 — Power of unit owners' association