Pennsylvania HOA Laws 2026: Hearing Rights & Act 115

Pennsylvania regulates homeowner associations through two parallel statutes in Title 68 of the Pennsylvania Consolidated Statutes: the Uniform Planned Community Act (UPCA, 68 Pa.C.S. §5101-5414) for planned communities (single-family subdivisions, townhome and patio-home communities) and the Uniform Condominium Act (UCA, 68 Pa.C.S. §3101-3414) for condominiums. Both are modeled on the national Uniform Common Interest Ownership Act, so their fining, lien, records, and meeting rules run closely in parallel — but the section numbers differ, so cite the right Act for your community type (UPCA sections start with 53xx; UCA sections start with 33xx).

Which Pennsylvania law actually governs your community?

This is where Pennsylvania trips up a lot of homeowners. The UPCA was enacted December 19, 1996 (Act 180 of 1996) and took effect in February 1997. It applies in full to planned communities of more than 12 units created on or after that effective date. Communities created before February 1997, or with 12 or fewer units, are only partly covered — under §5102, a limited set of provisions (such as parts of §5102(b) and (b.1)) reach older or smaller communities for events occurring after the effective date, but much of the Act does not apply retroactively. The practical takeaway: a newer subdivision gets the UPCA's full protections, while an older or very small community may be governed mostly by its own recorded declaration and bylaws. If you own a condominium rather than a home in a planned community, the Uniform Condominium Act (§3101-3414) controls instead, with its own parallel sections (for example, §3302(a)(11) for fines and §3315 for the assessment lien).

Fines: reasonable, after a hearing, with no dollar cap

Before levying a fine, Pennsylvania law requires the association to give the owner notice and an opportunity to be heard and to keep any fine "reasonable" (68 Pa.C.S. §5302(a)(11); §3302(a)(11) for condos). Pennsylvania has no statutory dollar cap on HOA fines — unlike states such as Nevada — and the Act sets no fixed number of days' notice (there is no "30-day rule" in the statute). Those specifics come from your declaration, bylaws, and rules. The real statutory limits are the reasonableness standard a court can enforce and your right to be heard before the fine is imposed. The same subsection lets the association suspend privileges (voting, board service, and access to common amenities) while a violation stays uncured.

Liens and foreclosure: the six-month super-priority reality (§5315)

Under 68 Pa.C.S. §5315 (and §3315 for condos), the association has an automatic lien on your unit for unpaid assessments and properly imposed fines "from the time the assessment or fine becomes due," and that lien may be foreclosed "in like manner as a mortgage on real estate" — meaning a judicial foreclosure through the Court of Common Pleas, with a sheriff's sale. The provision homeowners most need to understand is the six-month super-priority: the assessments coming due in the six months before a judicial sale are paid ahead of a first mortgage out of the sale proceeds. That super-priority covers assessments (regular dues), not fines, which is exactly why you should keep dues current even while disputing a fine.

Records and meeting rights

The UPCA gives owners enforceable transparency rights: the association must keep books, records, and financial statements available to members (§5316), hold member meetings on proper notice (§5308), and meet quorum rules (§5309). If your board stonewalls a records request or skips required notice, those are statutory violations you can raise — in writing first, then in court if needed.

Recent reform: Act 115 of 2022

Pennsylvania modernized all three common-interest statutes through Act 115 of 2022 (House Bill 1795), signed November 3, 2022 and effective 180 days later, on May 2, 2023. It authorized virtual meetings, electronic notice, and electronic voting even where the bylaws were silent, tightened bylaw-amendment and board-removal procedures, and required an independent election reviewer for contested elections in larger communities (500+ units). If your association is still refusing to allow remote participation or electronic notice, Act 115 may be on your side.

This guide covers everything you need to know about Pennsylvania HOA law: how to fight violations, your rights as a homeowner, the enforcement procedures your HOA must follow, and practical strategies for challenging unfair fines. Use the sections below to find the information most relevant to your situation.