Question:
I want to know what the requirement is, to get an HOA covenant changed. I reside in Pennsylvania. For instance I live in a very large HOA that encompasses single family homes , townhomes, condos, and twins., all together about 1500 residents I live in a twin, on my street there are 15 homes like mine. The front is stucco and the back is siding. It is a damp area, Most everyone is having stucco failure issues. I have spoken to almost every neighbor with a home like mine, who all agree that would like to get rid of the stucco and side the front of our properties to match the back. We would also like the fence rule to change allowing use to use black aluminum fencing. Currently we are only allowed board on board or post and rail. The single family homes are allowed black aluminum.
Is there a percent of residents that need to sign?
– Janine
Answer:
Section 5219 of the Pennsylvania Uniform Planned Community Act and Section 3219 of the Pennsylvania Uniform Condominium Act lay down the requirements for amending declarations. Both require at least 67% of votes in the association are allocated or a larger percentage of the votes in the association as specified in the declaration or a smaller percentage of the votes in the association as specified in the declaration if all units are restricted exclusively to nonresidential use. Your governing documents, specifically your CC&Rs or declaration, should shed some light on the procedure for amendments.
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