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Pennsylvania Statewide Rule

Pennsylvania HOA Assessments, Liens & Foreclosure (68 Pa.C.S. § 5315)

Heavy RestrictionsApplies statewide across Pennsylvania (2026)

Key Facts

Governing law
68 Pa.C.S. § 5315 (Uniform Planned Community Act)
Lien trigger
From the time an assessment or fine becomes due
Foreclosure method
Like a mortgage on real estate (judicial)
Limited priority
Six months' assessments ahead of a first mortgage
Limitation period
4 years to enforce the lien
Last verified: September 5, 2026

Summary

Under Pennsylvania's Uniform Planned Community Act, 68 Pa.C.S. § 5315, an association has an automatic lien on a unit for unpaid assessments and fines from the time they become due. The lien "may be foreclosed in a like manner as a mortgage on real estate," with a six-month limited priority over a first mortgage.

The association has a lien on a unit for any assessment levied against that unit or fines imposed against its unit owner from the time the assessment or fine becomes due. The association's lien may be foreclosed in a like manner as a mortgage on real estate.

Full Breakdown

Section 5315(a) provides that "the association has a lien on a unit for any assessment levied against that unit or fines imposed against its unit owner from the time the assessment or fine becomes due," and that lien "may be foreclosed in a like manner as a mortgage on real estate." Under § 5315(b), at a judicial sale the lien is divested only to the extent the six months' unpaid common-expense assessments coming due immediately before the sale are paid from the proceeds, giving the association limited priority over an earlier first mortgage. A lien is extinguished unless enforcement begins within four years after the assessments become payable, and a judgment includes costs and reasonable attorney fees for the prevailing party.

Violations & Penalties

No flat statutory penalty. The owner owes unpaid assessments, interest, late charges, costs, and reasonable attorney fees. The lien can be foreclosed like a mortgage, leading to a judicial sale and loss of the home; the four-year limitation runs from when each assessment became payable.

Frequently Asked Questions

Can a Pennsylvania HOA foreclose on my home for unpaid dues?
Yes. Under 68 Pa.C.S. § 5315(a), the association has a lien for unpaid assessments and fines that "may be foreclosed in a like manner as a mortgage on real estate." That means a judicial foreclosure and sale of the unit if the debt is not paid.
Does a Pennsylvania HOA lien come ahead of my mortgage?
Only in part. Under § 5315(b), the association's lien has a limited priority over an earlier first mortgage to the extent of the six months of unpaid common-expense assessments coming due immediately before a judicial sale, paid out of the sale proceeds.
How long does a Pennsylvania HOA have to enforce an assessment lien?
Section 5315 extinguishes the lien unless proceedings to enforce it are instituted within four years after the assessments become payable. A judgment in such an action includes costs and reasonable attorney fees for the prevailing party.

Sources

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