Pennsylvania guide
Pennsylvania HOA special assessment rules
Pennsylvania gives boards substantial special-assessment authority subject to declaration-level approval thresholds. Title 68 does not impose statutory vote thresholds — the governing documents control.
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The resale certificate must disclose planned capital projects and special assessments for the next 2 years. Reading the declaration alongside recent minutes and the certificate reveals where future assessments form.
Statutory framework
Title 68 authorizes boards to levy regular and special assessments per the budget. No statutory vote threshold for special assessments. Declaration controls. Many declarations require owner approval above a stated dollar amount or percentage.
Section 3407/5407 disclosure
Required disclosure of planned capital projects and special assessments for the next 2 years. This is a meaningful diligence anchor — projects formally planned must appear. Discussions and pending proposals may not.
PM-315 and 5-year inspection as assessment drivers
For Philadelphia and Pittsburgh covered buildings, inspection-driven work is one of the more predictable special-assessment patterns. Reserve underfunding combined with material inspection findings is a clear special-assessment trajectory.
Borrowing
Title 68 does not specifically address borrowing. Declarations typically require owner approval for material loans. Loans against future assessments spread cost.
Pennsylvania legal references
- 68 Pa.C.S. § 3302 — Powers of unit owners' association (assessments)
- 68 Pa.C.S. § 5302 — Powers of HOA executive board
- 68 Pa.C.S. § 3407 — Required disclosure of planned capital expenditures
Informational only. Not legal advice. Always confirm against current statute and counsel.
Need help applying these Pennsylvania statutes to your specific situation? We can connect you with state-licensed counsel and specialists familiar with this exact regulatory environment.
Find a Pennsylvania specialist →Reviewer's checklist
- Read the declaration for special-assessment vote thresholds
- Verify Section 3407/5407 certificate discloses planned next-2-year capital expenditures
- Read 18-24 months of board minutes for forming assessments
- For PM-315/5-year inspection: compare findings to scheduled work
- Check for any outstanding association loans or lines of credit
- Review master-policy renewal pressure
- Confirm waiver-of-subrogation language is in actual policy
- Address allocation of any assessment between certificate and closing
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Related risk areas
Read these next to round out your due diligence
Reserve studies
A reserve study tells you what the association expects to spend on long-term capital repairs and replacements, and whether it is funding those obligations adequately.
Condo document review
A condo document review is the structured analysis of every disclosure document your seller or association has provided — declaration, bylaws, rules, reserve study, budgets, financials, meeting minutes, insurance summary, estoppel or resale certificate, and any pending special assessment notices.
Insurance risk
The association's master insurance policy determines what your personal HO-6 policy needs to cover — and what it does not.
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Free, structured read of what's actually behind a fee change, an insurance renewal, or a pending assessment — with page citations you can verify. No cost, no obligation.
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We can connect you with insurance brokers, realtors, and mortgage brokers who can help you respond to what your documents reveal.
- Realtor
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