These excerpts highlight state-law baselines that interact with your declaration and bylaws. Statute citations appear in each row.
Declaration Amendment - 67% Required
Legal ProvisionThe declaration, including the plats and plans, may be amended only by vote or agreement of unit owners of units to which at least 67% of votes in the association are allocated; or a larger percentage of the votes in the association as specified in the declaration.
STATE LAW: To change the Declaration, you need 67% of ALL unit owners to agree - not just those at a meeting. Your Declaration can require MORE than 67%, but never less. This is the minimum set by Pennsylvania law.
Maximum Declarant Control Period
Legal ProvisionAny period of declarant control extends from the date of the first conveyance of a unit to a person other than a declarant for a period of not more than: (i) seven years in the case of a flexible planned community containing convertible real estate or to which additional real estate may be added; and (ii) five years in the case of any other planned community.
STATE LAW: The developer can only control the HOA for a maximum of 7 years (for expandable communities like yours) or 5 years (for fixed communities). Your Declaration's 7-year period matches the state maximum.
Declarant Control Termination Triggers
Legal ProvisionRegardless of the period provided in the declaration, a period of declarant control terminates no later than the earlier of: (i) sixty days after conveyance of 75% of the units which may be created to unit owners other than a declarant; (ii) two years after all declarants have ceased to offer units for sale in the ordinary course of business; or (iii) two years after any development right to add new units was last exercised.
STATE LAW: Even if 7 years haven't passed, declarant control ENDS 60 days after 75% of homes are sold, or 2 years after the developer stops selling, whichever comes first. This is automatic under state law.
25% Transition - MANDATORY Owner Representation
Legal ProvisionNot later than 60 days after conveyance of 25% of the units which may be created to unit owners other than a declarant, at least one member and not less than 25% of the members of the executive board shall be elected by unit owners other than the declarant.
STATE LAW REQUIREMENT: Once 25% of homes are sold, owners MUST be allowed to elect at least 25% of the board within 60 days. This is not optional - it's Pennsylvania law. If your HOA hasn't done this, they may be violating the UPCA.
50% Transition - Increased Owner Representation
Legal ProvisionNot later than 60 days after conveyance of 50% of the units which may be created to unit owners other than a declarant, not less than 33% of the members of the executive board shall be elected by unit owners other than the declarant.
STATE LAW REQUIREMENT: Once 50% of homes are sold, owners MUST be allowed to elect at least 33% of the board within 60 days. Combined with the 25% rule, owners should have progressive representation as the community builds out.
Board After Declarant Control Ends
Legal ProvisionNot later than the termination of any period of declarant control, the unit owners shall elect an executive board of at least three members, at least a majority of whom shall be unit owners.
STATE LAW: After declarant control ends, owners elect the entire board. The board must have at least 3 members, and at least half must be homeowners (not just any member - actual owners).
Board Member Removal
Legal ProvisionNotwithstanding any provision of the declaration or bylaws to the contrary, the unit owners, by a two-thirds vote of all persons present and entitled to vote at any meeting of the unit owners at which a quorum is present, may remove any member of the executive board with or without cause, other than a member appointed by the declarant.
STATE LAW: Owners can remove board members with a 2/3 vote of those present at a meeting (with quorum). No reason needed. BUT: you cannot remove declarant-appointed members during declarant control period.
Board Fiduciary Duty
Legal ProvisionIn the performance of their duties, the officers and members of the executive board shall stand in a fiduciary relation to the association and shall perform their duties in good faith; in a manner they reasonably believe to be in the best interests of the association; and with care, including reasonable inquiry, skill and diligence as a person of ordinary prudence would use under similar circumstances.
STATE LAW: Board members have a legal duty to act in the HOA's best interest, not their own. They must be honest, make reasonable decisions, and exercise the care of a reasonable person. This is legally enforceable.
Declaration Prevails Over Bylaws
Legal ProvisionIf there is a conflict between the declaration and the bylaws, the declaration shall prevail except to the extent the declaration is inconsistent with this subpart.
STATE LAW HIERARCHY: Declaration beats Bylaws. BUT the UPCA (state law) beats everything. If your Declaration conflicts with state law, state law wins.
Cannot Waive UPCA Rights
Legal ProvisionExcept as expressly provided in this subpart, provisions of this subpart may not be varied by agreement, and rights conferred by this subpart may not be waived. A declarant may not act under a power of attorney or use any other device to evade the limitations or prohibitions of this subpart or the declaration.
STATE LAW: You cannot sign away your UPCA rights. Even if the Declaration or Bylaws say otherwise, state law protections CANNOT be waived. The developer cannot use any trick to avoid these rules.
Obligation of Good Faith
Legal ProvisionEvery contract or duty governed by this subpart imposes an obligation of good faith in its performance or enforcement.
STATE LAW: The HOA, board, and all parties must act in good faith. This means honest dealing, no hidden agendas, and fair treatment. Bad faith actions can be challenged in court.
Association Powers - Rules & Regulations
Legal ProvisionExcept as provided in subsection (b) and subject to the provisions of the declaration and the limitations of this subpart, the association may: (1) Adopt and amend bylaws and rules and regulations.
STATE LAW: The HOA board CAN adopt and change rules and regulations. However, rules cannot conflict with the Declaration or state law. The board has authority to make day-to-day rules.
Fines Require Notice and Hearing
Legal ProvisionImpose charges for late payment of assessments and, after notice and an opportunity to be heard: (i) Levy reasonable fines for violations of the declaration, bylaws and rules and regulations of the association.
STATE LAW: Before the HOA can fine you, they MUST give you notice and an opportunity to be heard. You have a right to defend yourself before any fine is imposed. This is required by state law.
Owner Access to Records
Legal ProvisionThe association shall make available to unit owners, or their authorized agents, the declaration, the bylaws, the rules and regulations and the minutes of board meetings, unit owner meetings and committee meetings, as well as any financial statements required by this section, resolutions and actual operating expenditures, and upon written request, tax returns. A reasonable charge may be assessed for producing these documents.
STATE LAW: You have the RIGHT to see HOA records - Declaration, Bylaws, Rules, meeting minutes, financial statements, and tax returns. The HOA can charge a reasonable fee for copies, but they cannot deny access.
Community Termination Requires 80%
Legal ProvisionExcept in the case of a taking of all the units by eminent domain, a planned community may be terminated only by agreement of unit owners of units to which at least 80%, or such larger percentage specified in the declaration, of the votes in the association are allocated.
STATE LAW: To dissolve the entire HOA/community requires 80% of ALL owners to agree. The Declaration can require more, but never less than 80%.
Assessment Lien Priority
Legal ProvisionA lien for unpaid assessments is prior to all other liens and encumbrances on a unit except: (1) liens and encumbrances recorded before the recordation of the declaration; (2) a first mortgage or deed of trust recorded before the date on which the assessment sought to be enforced became delinquent.
STATE LAW: HOA assessment liens are very powerful - they come before most other liens on your property. Only liens recorded before the Declaration and your first mortgage have priority. This means unpaid HOA dues can lead to foreclosure.
Special Meeting by Owner Request
Legal ProvisionA special meeting of the unit owners may be called by the president, a majority of the executive board or by unit owners having 20% or any lower percentage specified in the bylaws of the votes in the association.
STATE LAW: Owners can call a special meeting if 20% of them request it (or less if bylaws allow). The board cannot block owner-requested meetings that meet this threshold.
Quorum Determined by Bylaws
Legal ProvisionUnless the bylaws provide otherwise, a quorum is present throughout any meeting of the association if persons entitled to cast 20% of the votes which may be cast for election of the executive board are present in person or by proxy at the beginning of the meeting.
STATE LAW: Unless bylaws say otherwise, quorum is 20% for meetings. Your bylaws set quorum at only 10%, which is allowed but very low. This means decisions could be made by a small group.