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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.
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.
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.
Pennsylvania Community Association Law Homeowners' associations, or Unit Owners Associations as they are referred to by Pennsylvania law, must are regulated by the Uniform Planned Community Act which provides specific rules regarding the creation and management of common interest communities.
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.
-The condo must be governed by a unit owners' association.
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.
In Pennsylvania, co-ops are governed by the Real Estate Cooperative Act, 68 Pa. Stat. ? 5101 to 5414 (the RECA).