Pennsylvania Consolidated Statutes
68 Pa. Cons. Stat. § 5108 (2026)
Supplemental general principles of law applicable.
✓ current as of May 2026
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§ 5108. Supplemental general principles of law applicable.
The principles of law and equity, including the law of corporations and unincorporated associations, the law of real property and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performance, or other validating or invalidating cause supplement the provisions of this subpart, except to the extent inconsistent with this subpart.
Cross References. Section 5108 is referred to in section 5102 of this title.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 2000–2022 · leading case: Pinecrest Lake Cmty. Trust ex rel. Carroll v. Monroe Cnty. Bd. of Assessment Appeals, 64 A.3d 71 (Pa. Commw. Ct. 2013).
Pinecrest Lake Cmty. Trust ex rel. Carroll v. Monroe Cnty. Bd. of Assessment Appeals, 64 A.3d 71 (Pa. Commw. Ct. 2013). “68 Pa.C.S. § 5108. The trial court found the Community qualifies as a planned community under the UPCA.”
Hershey's Mill Homeowner's Ass'n v. Chester Cnty., 862 A.2d 146 (Pa. Commw. Ct. 2004). “We affirmed, noting that the golf course was not a “common facility” by definition under Section 5103 of the Act, 68 Pa.C.S. § 5108, which defines “common facilities” as “any real estate within a planned community which is owned by the association or leased to the association.”
E.L.C.A. Dev. Corp. v. Lackawanna Cnty. Bd. of Assessment Appeals, 752 A.2d 466 (Pa. Commw. Ct. 2000). “” 68 Pa.C.S. § 5108. The Taxpayer’s Declaration of Restrictions and Covenants (Declaration, Exhibit P-1) defines “common areas” as “any and all real property designated as such on a plat and all real property acquired by the Association .”
M. Serota v. London-Towne Homeowners Assoc. (Pa. Commw. Ct. 2018). “4 The London-Towne Plan of Lots (Community) is a planned community of 70 1 68 Pa. C.S. § 5108. 2 15 Pa. C.S. § 5503(a)(1).”
Lake Naomi Club, Inc. & Pocono Pines Comm. Assoc., Inc. v. E. Rosado & A. Quinones (Pa. Commw. Ct. 2022). “68 Pa. C.S. § 5108 (emphasis added). This provision indicates that planned communities governed by the UPCA, such as Pocono Pines, are required to comply with other applicable laws and legal precedent.”
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