Pennsylvania homeowners in planned communities are covered by a comprehensive modern statute: the Uniform Planned Community Act (UPCA), 68 Pa.C.S. § 5101 et seq. It is part of Pennsylvania's family of uniform community-association laws — condominiums fall under the Uniform Condominium Act (68 Pa.C.S. § 3101 et seq.) and housing cooperatives under the Real Estate Cooperative Act (§ 4101 et seq.). UPCA covers creation, governance, records, assessments, the lien, and fines, and it sets the floor beneath your recorded declaration, bylaws, and rules. The Nonprofit Corporation Law of 1988 and federal law apply alongside it. For your specific situation, a licensed Pennsylvania attorney is the right resource. This is general information, not legal advice.
Which communities UPCA covers
Under 68 Pa.C.S. § 5102, UPCA applies to planned communities "created within this Commonwealth after the effective date of this subpart," and a defined list of sections reaches pre-existing communities for events occurring after that date. Pennsylvania also exempts the smallest communities from most of the act: a planned community with "no more than 12 units" and no power to add units or convert is generally subject to only a handful of sections unless its declaration opts into full coverage. Whether — and how fully — UPCA governs your community is a legal question a licensed Pennsylvania attorney can answer.
The full Pennsylvania stack typically includes:
- The Uniform Planned Community Act (UPCA), 68 Pa.C.S. § 5101 et seq. — the main statute for planned communities. It covers association powers and fines (§ 5302), meetings (§ 5308), the assessment lien (§ 5315), and association records (§ 5316).
- The Uniform Condominium Act, 68 Pa.C.S. § 3101 et seq. — governs condominiums separately, with parallel provisions.
- The recorded governing documents — the declaration, bylaws, and rules. UPCA sets minimum owner rights; the documents add detail but cannot fall below the statutory floor.
- The Nonprofit Corporation Law of 1988, 15 Pa.C.S. § 5101 et seq. — entity law for the typical incorporated association; it supplies director duties and member-meeting procedures.
- Federal law — the Fair Housing Act, the ADA, the Servicemembers Civil Relief Act, the FCC's OTARD rule, and the Freedom to Display the American Flag Act.
Financial records — with an Attorney General backstop
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." Associations with more than 12 units must prepare an annual financial statement within 180 days of the fiscal year's end and provide a copy within 30 days of an owner's written request; the association "may charge a fee not to exceed the cost of producing copies of records other than the financial statement." Pennsylvania adds a distinctive enforcement route: if the association fails to provide the statement within 30 days of a written request, or if the financial records that substantiate its financial statements "are not made reasonably available," the owner "may file a complaint with the Bureau of Consumer Protection in the Office of Attorney General." See Getting Your Pennsylvania HOA's Records.
Fines only after notice and a hearing
Under § 5302(a)(11), the association may impose charges for late assessments and, after notice and an opportunity to be heard, "[l]evy reasonable fines for violations of the declaration, bylaws and rules and regulations." The notice-and-hearing requirement and the word "reasonable" are statutory limits on the fining power. See Challenging an HOA Fine in Pennsylvania.
The assessment lien — and why fines count here
UPCA's lien is automatic and broad. Under § 5315(a), "[t]he association has a lien on a unit for any assessment levied against that unit or fines imposed against its unit owner from the time the assessment or fine becomes due," and "[t]he association's lien may be foreclosed in a like manner as a mortgage on real estate." Unlike some states, Pennsylvania's lien expressly reaches fines as well as assessments. The lien is generally subordinate to a first mortgage recorded before the assessment came due (§ 5315(b)(1)), but Pennsylvania carves out a limited six-month priority: at a judicial sale, the lien is divested only as to the unpaid common-expense assessments coming due "during the six months immediately preceding" the sale, paid out of the proceeds (§ 5315(b)(2)(i)). See Can a Pennsylvania HOA Foreclose Over Dues?.
Meetings
Under § 5308, "meetings of the association [must] be held at least once each year," with notice hand-delivered or mailed to each unit between 10 and 60 days in advance; § 5308(c) allows participation by conference telephone or other remote technology. UPCA sets default quorums (§ 5309) and proxy and voting-method rules (§ 5310); other meeting details, including how board meetings are conducted, come from the bylaws and the Nonprofit Corporation Law. See Attending HOA Meetings in Pennsylvania.
When a rule may not hold up
A UPCA association's rules have to fit within the authority the declaration and statute grant, and any fine still has to clear the notice-and-hearing process of § 5302(a)(11). See When Is a Pennsylvania HOA Rule Unenforceable?.
Frequently asked questions
Does the Uniform Planned Community Act apply to my Pennsylvania community?
UPCA (68 Pa.C.S. § 5101 et seq.) applies to planned communities created after the act's effective date, with a limited set of sections reaching older and very small communities (12 units or fewer). Whether your community is fully or partly covered is a legal question for a licensed Pennsylvania attorney.
Can a Pennsylvania HOA fine me without a hearing?
Under § 5302(a)(11), an association may levy reasonable fines only after notice and an opportunity to be heard. Whether a particular fine met that requirement is a question for a licensed Pennsylvania attorney.
What can I do if my Pennsylvania HOA won't show me its financial records?
Section 5316 makes financial and other records reasonably available. If the association doesn't provide the annual financial statement within 30 days of a written request, or doesn't make the financial records behind its financial statements reasonably available, the owner may file a complaint with the Bureau of Consumer Protection in the Office of Attorney General. A licensed Pennsylvania attorney can advise on the best path for your situation.