§ 5302. Power of unit owners' association.
(a) General rule.--Except as provided in subsection (b) and subject to the provisions of the declaration
and the limitations of this subpart, the association, even if unincorporated, may:
(1) Adopt and amend bylaws and rules and regulations.
(2) Adopt and amend budgets for revenues, expenditures and reserves and collect assessments
for common expenses from unit owners.
(3) Hire and terminate managing agents and other employees, agents and independent contractors.
(4) Institute, defend or intervene in litigation or administrative proceedings, or engage
in arbitrations or mediations, in its own name on behalf of itself or two or more
unit owners on matters affecting the planned community.
(5) Make contracts and incur liabilities.
(6) Regulate the use, maintenance, repair, replacement and modification of common elements
and make reasonable accommodations or permit reasonable modifications to be made to
units, the common facilities, the controlled facilities or the common elements, to
accommodate people with disabilities, as defined by prevailing Federal, State or local
statute, regulations, code or ordinance, unit owners, residents, tenants or employees.
(7) Cause additional improvements to be made as a part of the common facilities and, only
to the extent permitted by the declaration, the controlled facilities.
(8) (i) acquire, hold, encumber and convey in its own name any right, title or interest to
real or personal property other than common facilities; and
(ii) convey or subject to a security interest common facilities only under the provisions
of section 5318 (relating to conveyance or encumbrance of common facilities).
(9) Grant easements, leases, licenses and concessions through or over the common facilities
and, only to the extent permitted by the declaration, the controlled facilities.
(10) Impose and receive payments, fees or charges for the use, except as limited by other
provisions of this subpart, rental or operation of the common elements other than
the limited common elements described in section 5202(2) and (3) (relating to unit
boundaries).
(11) Impose 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.
(ii) For any period during which assessments are delinquent or violations of the declaration,
bylaws and rules and regulations remain uncured, suspend unit owners' rights, including,
without limitation, the right to vote, the right to serve on the board or committees
and the right of access to common elements, recreational facilities or amenities.
(12) Impose reasonable charges for the preparation and recording of amendments to the declaration,
resale certificates required by section 5407 (relating to resales of units) which
shall be one charge that may be made by the association solely because of the resale
or retransfer of any unit or statement of unpaid assessments. In addition, an association
may impose a capital improvement fee, but no other fees, on the resale or transfer
of units in accordance with the following:
(i) The capital improvement fee for any unit shall not exceed the annual assessments for
general common expense charged to such unit during the most recently completed fiscal
year of the association, provided that:
(A) in the case of resale or transfer of a unit consisting of unimproved real estate,
the capital improvement fee shall not exceed one-half of the annual assessments for
general common expenses charged to such unit during the most recently completed fiscal
year of the association;
(B) in the case of resale or transfer of a unit which was either created or added to the
planned community in accordance with section 5211 (relating to conversion and expansion
of flexible planned communities) at some time during the most recently completed fiscal
year of the association but was not in existence for the entire fiscal year, the capital
improvement fee shall not exceed one-half of the annual assessments for general common
expenses charged to a unit comparable to such unit during the most recently completed
fiscal year of the association; and
(C) capital improvement fees are not refundable upon any sale, conveyance or any other
transfer of the title to a unit.
(ii) Capital improvement fees allocated by an association must be maintained in a separate
capital account and may be expended only for new capital improvements or replacement
of existing common elements and may not be expended for operation, maintenance or
other purposes.
(iii) No capital improvement fee shall be imposed on any gratuitous transfer of a unit between
any of the following family members: spouses, parent and child, siblings, grandparent
and grandchild, nor on any transfer of a unit by foreclosure sale or deed in lieu
of foreclosure to a secured lending institution as defined by the act of December
3, 1959 (P.L.1688, No.621), known as the Housing Finance Agency Law.
(iv) No fees may be imposed upon any person who:
(A) acquires a unit consisting of unimproved real estate and signs and delivers to the
association at the time of such person's acquisition a sworn affidavit declaring the
person's intention to reconvey such unit within 18 months of its acquisition; and
(B) completes such reconveyance within such 18 months.
(13) Provide for the indemnification of its officers and executive board and maintain directors'
and officers' liability insurance.
(14) Exercise any other powers conferred by this subpart, the declaration or bylaws.
(15) Exercise all other powers that may be exercised in this Commonwealth by legal entities
of the same type as the association.
(16) Exercise any other powers necessary and proper for the governance and operation of
the association.
(17) Assign its right to future income, including the right to receive common expense assessments.
Reserve funds held for future major repairs and replacements of the common elements
may not be assigned or pledged.
(18) Assign or delegate any powers of the association listed in this section to a master
association subject to the provisions of section 5222 (relating to master associations)
and accept an assignment or delegation of powers from one or more planned communities
or other incorporated or unincorporated associations.
(b) Restrictions on limitations in declaration.--Notwithstanding subsection (a), the declaration may not impose limitations on the
power of the association to deal with declarants which are more restrictive than the
limitations imposed on the power of the association to deal with other persons. Any
exercise of a power under subsection (a)(7), (8) or (9) which would materially impair
quiet enjoyment of a unit shall require the prior written approval of the owner of
that unit.
(Nov. 30, 2004, P.L.1486, No.189, eff. 60 days; Oct. 19, 2018, P.L.551, No.84, eff.
60 days)
2018 Amendment. Act 84 amended subsec. (a)(11).
2004 Amendment. Act 189 amended subsec. (a)(4), (6), (8), (12) and (17).
Cross References. Section 5302 is referred to in sections 5102, 5222, 5315 of this title.
Notes of Decisions
Skytop Meadow Cmty. Ass'n, Inc. v. C. Paige & M.A. Paige, 177 A.3d 377 (Pa. Commw. Ct. 2017).
· cites it 4× “” 68 Pa. C.S. §5302(a)(1). 3 Section 5302(a)(2) of the Uniform Planned Community Act grants the Association the power to “[a]dopt and amend budgets for revenues, expenditures and reserves and collect assessments for common expenses from unit owners.”
Starling v. Lake Meade Prop. Owners Ass'n, 162 A.3d 327 (Pa. 2017).
“Furthermore, although it was enacted after the creation of the Subdivision, the Uniform Planned Community Act, see supra n.l, retroactively conferred upon the Association the power to “[rjegulate the use .”
Belleville v. David Cutler Grp., 118 A.3d 1184 (Pa. Commw. Ct. 2015).
“See also Section 5302(a) of the UPCA, 68 Pa.C.S. § 5302(a) (providing that association may impose assessments for use and maintenance of common areas “subject to the provisions of the declaration”).”
Locust Lake Vill. Prop. Owners Ass'n v. Wengerd, 899 A.2d 1193 (Pa. Commw. Ct. 2006).
· cites it 2× “As previously stated, Section 5302(a) of the UPCA, 68 Pa.C.S. § 5302(a), specifically provides that the Association may, inter alia, adopt By-laws, rules, regulations, and budgets for revenues and expenditures, as well as collect assessments for common expenses.”
McMahon v. Pleasant Valley West Ass'n, 952 A.2d 731 (Pa. Commw. Ct. 2008).
“, Section 5302(a)(ll) of the UPCA, 68 Pa.C.S. § 5302(a)(l 1) (‘‘[EJxcept as provided in subsection (b) and subject to the provisions of the declaration and the limitations of this subpart, the association, even if unincorporated, may .”
Saw Creek Estates Cmty. Ass'n v. Cnty. of Pike, 808 A.2d 322 (Pa. Commw. Ct. 2002).
“” Section 5302(a)(9) of the Act, 68 Pa.C.S. § 5302(a)(9). To accept the Board’s contention and consider “occupancy” of the subject properties as one of the required components of common facilities would not only result in disregarding the plain language of the statutory…”
Stillwater Lakes Civic Ass'n. v. Krawitz, 772 A.2d 118 (Pa. Commw. Ct. 2001).
“” However, the term “unit owner” in the Act does not include a person having an interest in a unit solely as security for an obligation. Thus, if the Act applies here and we treat Krawitz as a mortgagee for the period from July 25, 1994 to September 5, 1998, the Association…”
Kalian at Poconos, LLC. v. Saw Creek Estates Cmty. Ass'n, 275 F. Supp. 2d 578 (M.D. Penn. 2003).
“Specifically, 68 Pa. Cons.Stat. Ann. § 5302(a) expressly provides for an annual assessment for the maintenance of common elements, fees for resale certificates, capital improvement fees, fines and penalties for late payments of the aforementioned fees, and fines for violations…”
Stillwater Lakes Civic Assoc., Inc. & Stillwater Sewer Corp. v. G. Kuzni (Pa. Commw. Ct. 2020).
“For these reasons, the trial court concluded that the Association is authorized to collect the assessments it seeks under Section 5302(a) of the Uniform Planned Community Act (Act), 68 Pa. C.S. § 5302(a). After granting summary judgment on the issue of liability and holding a…”
Briar Hill North Ass'n, Inc. v. J.K. Keil (Pa. Commw. Ct. 2020).
“Accordingly, under Pinecrest Lake, the Association (which manages the maintenance of those roads) qualifies as an “association” under the Act for purposes of roadway maintenance, and, thus, the Association may collect assessments for roadway maintenance under Section 5302(a)(2)…”
— 68 Pa. Cons. Stat. § 5302(a) — 5 cases
Belleville v. David Cutler Grp., 118 A.3d 1184 (Pa. Commw. Ct. 2015).
“See also Section 5302(a) of the UPCA, 68 Pa.C.S. § 5302(a) (providing that association may impose assessments for use and maintenance of common areas “subject to the provisions of the declaration”).”
Locust Lake Vill. Prop. Owners Ass'n v. Wengerd, 899 A.2d 1193 (Pa. Commw. Ct. 2006).
“As previously stated, Section 5302(a) of the UPCA, 68 Pa.C.S. § 5302(a), specifically provides that the Association may, inter alia, adopt By-laws, rules, regulations, and budgets for revenues and expenditures, as well as collect assessments for common expenses.”
McMahon v. Pleasant Valley West Ass'n, 952 A.2d 731 (Pa. Commw. Ct. 2008).
“, Section 5302(a)(ll) of the UPCA, 68 Pa.C.S. § 5302(a)(l 1) (‘‘[EJxcept as provided in subsection (b) and subject to the provisions of the declaration and the limitations of this subpart, the association, even if unincorporated, may .”
Kalian at Poconos, LLC. v. Saw Creek Estates Cmty. Ass'n, 275 F. Supp. 2d 578 (M.D. Penn. 2003).
“Specifically, 68 Pa. Cons.Stat. Ann. § 5302(a) expressly provides for an annual assessment for the maintenance of common elements, fees for resale certificates, capital improvement fees, fines and penalties for late payments of the aforementioned fees, and fines for violations…”
Stillwater Lakes Civic Assoc., Inc. & Stillwater Sewer Corp. v. G. Kuzni (Pa. Commw. Ct. 2020).
“For these reasons, the trial court concluded that the Association is authorized to collect the assessments it seeks under Section 5302(a) of the Uniform Planned Community Act (Act), 68 Pa. C.S. § 5302(a). After granting summary judgment on the issue of liability and holding a…”
— 68 Pa. Cons. Stat. § 5302(a)(1) — 2 cases
Skytop Meadow Cmty. Ass'n, Inc. v. C. Paige & M.A. Paige, 177 A.3d 377 (Pa. Commw. Ct. 2017).
“” 68 Pa. C.S. §5302(a)(1). 3 Section 5302(a)(2) of the Uniform Planned Community Act grants the Association the power to “[a]dopt and amend budgets for revenues, expenditures and reserves and collect assessments for common expenses from unit owners.”
— 68 Pa. Cons. Stat. § 5302(a)(11) — 1 case
— 68 Pa. Cons. Stat. § 5302(a)(17) — 1 case
— 68 Pa. Cons. Stat. § 5302(a)(2) — 4 cases
Skytop Meadow Cmty. Ass'n, Inc. v. C. Paige & M.A. Paige, 177 A.3d 377 (Pa. Commw. Ct. 2017).
“” 68 Pa. C.S. §5302(a)(1). 3 Section 5302(a)(2) of the Uniform Planned Community Act grants the Association the power to “[a]dopt and amend budgets for revenues, expenditures and reserves and collect assessments for common expenses from unit owners.”
Stillwater Lakes Civic Ass'n. v. Krawitz, 772 A.2d 118 (Pa. Commw. Ct. 2001).
“” However, the term “unit owner” in the Act does not include a person having an interest in a unit solely as security for an obligation. Thus, if the Act applies here and we treat Krawitz as a mortgagee for the period from July 25, 1994 to September 5, 1998, the Association…”
Briar Hill North Ass'n, Inc. v. J.K. Keil (Pa. Commw. Ct. 2020).
“Accordingly, under Pinecrest Lake, the Association (which manages the maintenance of those roads) qualifies as an “association” under the Act for purposes of roadway maintenance, and, thus, the Association may collect assessments for roadway maintenance under Section 5302(a)(2)…”
— 68 Pa. Cons. Stat. § 5302(a)(4) — 1 case
— 68 Pa. Cons. Stat. § 5302(a)(6) — 1 case
Starling v. Lake Meade Prop. Owners Ass'n, 162 A.3d 327 (Pa. 2017).
“Furthermore, although it was enacted after the creation of the Subdivision, the Uniform Planned Community Act, see supra n.l, retroactively conferred upon the Association the power to “[rjegulate the use .”
— 68 Pa. Cons. Stat. § 5302(a)(9) — 1 case
Saw Creek Estates Cmty. Ass'n v. Cnty. of Pike, 808 A.2d 322 (Pa. Commw. Ct. 2002).
“” Section 5302(a)(9) of the Act, 68 Pa.C.S. § 5302(a)(9). To accept the Board’s contention and consider “occupancy” of the subject properties as one of the required components of common facilities would not only result in disregarding the plain language of the statutory…”
— 68 Pa. Cons. Stat. § 5302(a)(l) — 1 case
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