Pennsylvania law allows HOAs to levy assessments per the declaration and create liens for unpaid amounts. The association must provide an annual budget and follow specific lien and foreclosure procedures under the Uniform Planned Community Act.
Under 68 Pa.C.S. Ch. 53, the association has a statutory lien on each lot for unpaid assessments. The lien is prior to all other liens except tax liens and first mortgages recorded before the declaration. Before foreclosing, the association must record a notice of lien and provide written notice to the owner. Assessments are set by the executive board through the annual budget process. Special assessments for unexpected expenses typically require notice to the membership and may require a vote depending on the bylaws. Late fees must be reasonable and stated in the governing documents. The association may suspend voting rights and common area privileges for delinquent owners. Under the Uniform Condominium Act (Ch. 33), the association may recover attorney fees and costs of collection. Pennsylvania law prohibits the association from charging more than the actual costs incurred. Monthly payment plans may be required for special assessments exceeding a threshold set in the bylaws.
Unpaid assessments result in a recorded lien. The association may pursue foreclosure through the Pennsylvania Court of Common Pleas. Attorney fees and late charges are added to the delinquent balance.
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