Homeowners have a plethora of rights against an HOA, including the Right of Possession, the Right of Control, the Right of Exclusion, the Right of Enjoyment, and the Right of Disposition.
Is there any way to get around HOA rules? While you can propose rule changes through proper channels, there's no legal way to simply ignore or “get around” the HOA's covenants, conditions, and restrictions (CC&Rs) that you agreed to when purchasing in the community.
For instance, in Pennsylvania, HOAs are regulated by the Uniformed Planned Community Act (UPCA). This act applies to all planned communities with more than 12 units and creates responsibilities for HOAs to oversee these communities. That said, HOAs typically have documents that regulate themselves.
The Pennsylvania General Assembly enacted Act 115, which amends Title 68 of the Pennsylvania Consolidated Statutes and impacts the governance of homeowners associations (also known as planned communities), inium associations and cooperatives in the Commonwealth.
To file a complaint against an HOA in Pennsylvania, individuals should first follow the process outlined in the HOA's governing documents. If the issue remains unresolved, they can file a complaint with the Pennsylvania Attorney General's Bureau of Consumer Protection or seek legal counsel for further action.
The petition must (a) be signed by a majority of the corporation's board of directors or other officers having the management of its affairs, (b) be verified by the president or one of its directors, (c) set forth the claims against it, and (d) state that the dissolution has been approved by the affirmative vote of the ...
- Through a signed petition of a simple majority of the association members in good standing, subject to a verification and validation by the HLURB, a director/trustee may be removed for causes provided in the bylaws of the association: Provided, That if a majority of the members of the board is removed, it shall be ...
In homeowners association cases, the Complaint shall be filed in the RAB which has jurisdiction over the region where the association is registered with the DHSUD.
It may maintain the road lots, open spaces and other facilities. Additionally, it may regulate the use, maintenance, repair, replacement and modification of common areas and cause additional improvements to be made part of the common areas. However, this right should not contradict with the approved subdivision plan.