PA HOA laws/rules

Started by KimT2 • 4 replies • 12656 views

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KimT2 (Pennsylvania)
Posts: 23

Posted:

Can anyone tell me of a site that I can find some info on PA HOA laws.

Also - does every HOA have to have a set of Bylaws, and what's the difference between bylaws and coventants? thanks

PenyW (Pennsylvania)
Posts: 43

Posted:

Kim,
You can get a copy of the Pennsylvanis Uniform Planned Communities Act here:
http://www.parealtor.org/content/Planned_Communities.asp

The Act details what must be contained in By-Laws and what can and can't be in your documents. There are plenty of HOA websites that have documents posted if you want to see how things are worded. You can also check these for additional info:

http://realtytimes.com/rtcpages/20040922_hoarules.htm

http://www.regenesis.net/

I hope that helps.

Peny

MelissaP1 (Alabama)
Posts: 13,836

Posted:

No, a HOA does not need by-laws. Convenants and Restrictions are the rules that are attached to the deed of the property. You can have both CC&R's and by-laws or only CC&R's. You can find a copy of the CC&R's at your local COUNTY courthouse in the records department. Depends on what state your in if both CC&R's and by-laws have to be filed. Most of the time it's just the CC&R's.
The by-laws are more considered the "daily" rules of the HOA. They are maintained amongst the HOA. If there is a conflict between the CC&R's and by-laws, the CC&R's take precedence. It's recommend if you make any changes that you do both at the same time.
There are many other documents that a HOA may or may not have. I've heard of some HOA's only having an Archectual Review Board (ARB) or Archectual Review Committee (ACC). The HOA may or may not be incorporated. If it is, then there will be Incorporation documents too. That will define if the HOA is For-Profit or Non-profit. Most HOA's are Non-profit. However, non-profit in these terms isn't the same as a non-profit charity.
I would read some more posts on here. This subject has been covered a few times. This is a great resource for this type of information.

Former HOA President

RogerB (Colorado)
Posts: 5,067

Posted:

Kim, every HOA (and any other organizations) should have By-laws. They establish the structural aspects of an organization. The Declaration of Covenants, Conditions, and Restrictions establish each owner's agreement to be part of the association, the assessment requirements, and restrictions with which owners can be legally forced to comply, i.e., deed restrictions.

hoatalk (California)
Posts: 603

Posted:

Also check: www.CommunityAssociations.net

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