In Pennsylvania, homeowner associations (HOAs) are governed by specific state laws to maintain order and regulate affairs within planned communities. These regulations are primarily outlined in the Uniform Planned Community Act (UPCA), codified in Title 68, Chapters 51-54 of the Pennsylvania statutes.
In general, homeowners can request HOA documents that cover the following: Governing documents, including the CC&Rs, bylaws, articles of incorporation, community plat, and operating rules; All board and membership meeting minutes and notices; Membership lists; All insurance policies of the association;
Iniums in Pennsylvania are governed by the Uniform inium Act, 68 Pa. Stat. §§ 3101 to 3414 (the “UCA”). Although “inium” is a term generally used to refer to an individually-owed unit, it is also a form of ownership where property other than the individual unit is deemed to be common property.
Once you buy a home that's part of an HOA, you automatically become a member of the HOA. HOA rules are legally binding, and you must adhere to all rules and regulations in the governing document. Yes, there are bylaws that you may not like, but there are no HOA loopholes.
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.
As Kriegstein explains, “In order to enforce an HOA rule, the association must have the authority to do so, as outlined in its governing documents. This may include the ability to impose fines or penalties for noncompliance or to take legal action against homeowners who refuse to comply.”
No, there is not a way to ``leave the HOA'' without moving. The HOA covenants are tied to the property permanently.