Pennsylvania Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties

State:
Multi-State
Control #:
US-1126BG
Format:
Word; 
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Description

Covenants, conditions, and restrictions (CC&Rs) of the subdivision are likely the most important documents affecting the subdivision and are usually created when the subdivision is initially formed, and as such are often recorded in the official property records of the county or other jurisdiction where the subdivision is located. Commonly the CC&Rs specify what types of structures can be placed on a lot (e.g. an upscale community may prohibit mobile homes or travel trailers and require minimum sizes on dwellings, along with offsets from the property line where building is prohibited) and other property restrictions (e.g. no animals except for traditional household pets, no operation of commercial business). Generally CC&Rs are enforceable as legal documents. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties
  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties
  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties
  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties
  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties
  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties
  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties
  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties
  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties
  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties

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FAQ

State oversight of homeowner associations is minimal, and it varies from state to state. Some states, such as Florida and California, have a large body of HOA law. Other states, such as Massachusetts, have virtually no HOA law.

Inconsistent, Arbitrary, or Capricious Enforcement. Even a validly enacted, substantively sound covenant can be nonetheless unenforceable if the HOA's enforcement is procedurally improper, or is conducted inconsistently or for an inappropriate purpose.

Federal HOA Laws - In addition to state law regulations, the federal government has laws that govern homeowners' associations, condominiums, and other residential properties in Pennsylvania. Pennsylvania Uniform Condominium Act (UCA), Pa.

HOA fees tend to vary drastically, depending on the property or community. The fees range anywhere between $100 and $1,000 per month. The average, though, tends to be between $200 and $300 per month.

In Pennsylvania, if your home is part of an HOA or COA and you fall behind in assessments: The HOA or COA can get a lien on your home. The association typically can charge you for overdue assessments, late charges, interest, fines, various fees, and collection costs. The association might choose to foreclose its lien.

Here are six ways to effectively fight with your homeowners, co-op or condo association:Know the rules. You should have read all the government documents, including the rules and regulations, before you closed on your purchase.Respond in writing.Don't argue the rule.Know the penalties.

Federal HOA Laws - In addition to state law regulations, the federal government has laws that govern homeowners' associations, condominiums, and other residential properties in Pennsylvania. Pennsylvania Uniform Condominium Act (UCA), Pa.

The laws of the land take precedence over all other HOA documents. State laws come before local laws, while federal laws outweigh everything else. Whether you're drafting your governing documents or deciding which one to follow, it's important to always check the law first.

Even though an association's bylaws tell the HOA how to operate things, they generally do not trump the laws of the land. This includes constitutional, federal, and state laws.

The CC&Rs drawn up by individual communities are rules under which residents conduct their daily lives within the residential community. These are publicly recorded. No CC&Rs can supersede local, state or federal law.

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Pennsylvania Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties