Does and HOA CC&Rs have to be recorded in Pennsylvania?

Question:

In Pennsylvania, to be enforceable, does and HOA CC&Rs have to be recorded at the County Recorder of Deeds Office?

When an HOA makes a change in PA to CC&Rs or ByLaws, legally, how must those changes be communicated to homeowners?

– Melissa

 

Answer:

Hi Melissa,

Yes, according to Section 5201 of the Pennsylvania Uniform Planned Community Act, the declaration must be recorded in every county in which any portion of the planned community is located. The same goes for condominiums under Section 3201 of the Pennsylvania Uniform Condominium Act.

As for amendments, Pennsylvania law (Section 5219) requires associations to obtain a vote or agreement from unit owners for approval. It does not say how associations must communicate the amendment to homeowners. However, it’s best to hold a townhall meeting to discuss the proposed amendment and vote on its approval. Once approved, notify homeowners by sending a notice of the amendment. It’s also a good idea to include it in your newsletter (if any).

You may want to consult your HOA manager for further guidance.

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