Homeowners Associations Have the Upper Hand!
Posted on 01. Sep, 2009 by briankoeberle in Real Estate
Mad at your homeowners association? Considering not paying your annual assessment pending resolution of the dispute? You might want to think twice. Homeowners Associations (HOA’s) have gained a lot of power under Pennsylvania Law in the past decade or so. Since the adoption of the Uniform Planned Community Act (UPCA) in 1997, Pennsylvania law now recognizes HOA’s as “mini-governments”, with the legal right to assess homeowners their proportionate share of the cost of upkeeping common areas such as roads, lakes, pools and clubhouses. And if you don’t pay your share? The UPCA provides for an automatic statutory lien once a homeowner becomes delinquent. The UPCA further provides that the HOA can foreclose on the property in the same manner as a delinquent mortgage. So it is really worth facing foreclosure proceedings over a spat with your HOA? Instead, settle the dispute, pay your fair share, then run for a board position with your HOA!
