Federal Law Supersedes State Law. While a municipality can write local laws they can be stricter than the State law (as long as they do not run counter to the State or U.S. Constitution) But cannot contradict state law.
Bay Management Group Philadelphia is a full-service Philadelphia HOA management company managing Condo Associations in Philadelphia, Philadelphia area Homeowner's Associations (HOA), and Cooperative Housing (Co-Op) throughout Philadelphia and the surrounding counties.
Finally, is an HOA considered a local government? No—HOAs are not considered a local government entity. While they do hold some administrative functions for a community, such as collecting assessments and enforcing rules, they do not possess the authority granted to real government bodies.
Homeowners often ask whether local laws supersede the rules and regulations set forth by their homeowner association (HOA). The short answer is yes, local laws do supersede HOA rules.
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.
Generally, it is the laws that were in effect at the time the HOA documents were recorded. Your HOA documents are contracts between the HOA and its members so new laws cannot, generally, be applied retroactively to override them.
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;