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Pennsylvania Ch. 68-51
Pennsylvania Uniform Planned Community Act (68 Pa.C.S. Ch. 51)Governs Pennsylvania planned communities (the HOA-equivalent regime) under Title 68, Chapter 51, §§ 5101-5414, effective February 2, 1997. Covers association powers, the executive board and declarant control, assessments for common expenses, the statutory lien and its judicial foreclosure, and resale certificates. Applies in full to planned communities with more than 12 units; smaller and older communities are subject to specified portions.Official source
§ 5302
Lists the default powers of a planned community association unless the declaration provides otherwise, paralleling the condominium act: adopt bylaws and budgets, collect assessments, hire and terminate managers, litigate, make contracts, regulate common facilities, impose late charges and (after notice and an opportunity to be heard) reasonable fines and suspensions, impose certain resale and capital improvement fees, and exercise other necessary powers.
§ 5303
Establishes the planned community executive board's authority, the fiduciary and prudent-investor duties of officers and board members, limits on board authority, the period and termination of declarant control, the election of board members during and after that control, and removal of board members.
§ 5314
Sets when assessments begin in a planned community, requires at least annual budgeting and assessment, allocates general common expenses by common expense liability, caps default interest on past-due assessments at 15% per year, provides special allocations, and addresses reallocation.
§ 5315
Creates the planned community association's lien for unpaid assessments and fines from the time they become due, and provides that the lien may be foreclosed in a like manner as a mortgage on real estate (judicial foreclosure in Pennsylvania). Sets the lien's priority, including a limited six-month priority over a first mortgage on a judicial sale, equal priority among neighboring associations, a four-year limitation, the recordable statement of unpaid assessments, and the order in which payments are applied.
§ 5407
On a resale by a unit owner other than a declarant, requires the seller to furnish the buyer, before contract or conveyance, the declaration, bylaws and rules plus a certificate of specified financial and governance disclosures; requires the association to supply the needed information within ten days; and makes the purchase contract voidable until the certificate is provided and for five days thereafter.
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