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Latest Legal Updates

Latest Legal Updates

The most recent HOA-related legislation, court rulings, and regulatory changes we're tracking across the country — newest first.

CourtsSeptember 15, 2026

You cannot sue over common areas alone

In Macias v. Southfield Crossing the Commonwealth Court held that owners challenging a deed transferring common areas between two phase associations had to join every affected owner as an indispensable party — because use of common ground is a constitutionally protected property interest.

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LegislationSeptember 15, 2026

Twenty-one days notice is the one CAI opposes

HB 1174 would more than double the minimum notice for a Pennsylvania association’s annual meeting, from ten days to 21. It is the only bill the industry’s Pennsylvania chapter lists as opposed, and it has not moved since April 2025.

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LegislationSeptember 15, 2026

Thirteen association bills died in one session

Every HOA, condominium and manufactured-housing bill of Pennsylvania’s 2023-2024 session died at sine die. Most have been reintroduced with new numbers, two of the most substantial have not, and the same deadline arrives again on 30 November.

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RegulationSeptember 15, 2026

The stormwater permit that expired in 2023

Pennsylvania’s municipal stormwater general permit expired in March 2023 and is still running on administrative extension. DEP now says it will not publish the replacement during 2026, and no new coverage can be authorised in the meantime.

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RegulationSeptember 15, 2026

The PUC blessed submetering for EV chargers

Pennsylvania’s Public Utility Commission adopted a final policy statement on electric-vehicle rate design that tells utilities to explore telematic submetering instead of additional revenue-grade meters — the cost that stops chargers going into shared garages.

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LegislationSeptember 15, 2026

The only solar law passed exempts your roof

Pennsylvania enacted one solar statute in the 2025-2026 session — a decommissioning-bond law for utility-scale lease sites that expressly excludes systems of two megawatts or less, which is every residential rooftop array an association ever argues about.

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LegislationSeptember 15, 2026

The investor bill writes you out of it

HB 2704 would regulate institutional investors buying single-family homes in Pennsylvania — and expressly exempts planned communities, condominiums and cooperatives whose residents own their units or share ownership of the real estate.

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ComplianceSeptember 15, 2026

The FinCEN question is permanently closed

A final rule effective 14 August 2026 permanently exempts all US-formed entities from beneficial-ownership reporting, ending a two-year question for Pennsylvania association boards — by rule rather than by injunction or enforcement forbearance.

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ComplianceSeptember 15, 2026

The CROWN Act reaches the housing title too

Act 54 of 2025 wrote hair texture, protective hairstyles and religious head coverings into the definitions section of the Pennsylvania Human Relations Act — the same act that governs housing discrimination by associations and their agents.

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RegulationSeptember 15, 2026

The Attorney General registers only half of you

Pennsylvania requires planned communities to register with the Office of Attorney General and deposit financial security there. There is no parallel registration for condominiums — the Commonwealth’s only registration touchpoint reaches one statute and one moment.

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LegislationSeptember 15, 2026

The assistance animal act already names you

Pennsylvania’s Assistance and Service Animal Integrity Act of 2018 defines “association” to include condominium, cooperative and planned-community associations — and a pending bill would amend the documentation, immunity and misrepresentation provisions that bind them.

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LegislationSeptember 15, 2026

The ADU bill leaves your covenant standing

Pennsylvania’s House passed statewide accessory dwelling units by right 139-62 — and wrote in an express carve-out preserving deed restrictions and planned-community documents. Municipalities would lose the power to ban ADUs; associations would keep it.

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ComplianceSeptember 15, 2026

Streamlined review is gone for condo loans

Since 3 August 2026 established condominium projects can no longer be approved through the abbreviated review route — a change affecting most transactions that previously used it, and one that puts the association’s full documentation in front of a lender at every sale.

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LegislationSeptember 15, 2026

Residents would get 90 days to buy their park

SB 746 would require a manufactured-home community owner to notify residents before selling and give them 90 days to make a competing offer. It is the furthest-advanced association-adjacent bill in Pennsylvania, sitting in Senate Appropriations.

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ComplianceSeptember 15, 2026

No statewide inspection mandate anywhere

Pennsylvania has enacted no condominium structural-inspection or reserve-study requirement, and no bill proposing one exists in either of the last two sessions. The only inspection mandate reaching multi-storey residential buildings is a Philadelphia façade ordinance from 2010.

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CourtsSeptember 15, 2026

Never having said yes before is a defence

In Pauletta v. Riverview Manor the Superior Court affirmed summary judgment for a Harrisburg association that refused an owner permission to drill through an exterior wall, framing the abuse-of-design-control test as consistent past practice plus reasonable inquiry.

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LegislationSeptember 15, 2026

Name someone to catch the tax-sale notice

Act 27 of 2026 creates a form letting an owner designate a relative or agent to also receive delinquent property-tax notices before a county can sell the home, and confirms that tax duty on unseated land is a charge against the land only.

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RegulationSeptember 15, 2026

Master policy lines stayed in the filing net

Pennsylvania deregulated most property and casualty lines from rate and form filing in April 2026 — but commercial property, businessowners and commercial general liability, which is what an association master policy is written on, all stayed inside the regime.

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RegulationSeptember 15, 2026

DCED regulates the home, not the park

Pennsylvania’s housing agency sets standards for manufactured homes and directs every complaint about a manufactured-home community to a consumer hotline — and two pending measures would create the regulator that does not exist.

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ComplianceSeptember 15, 2026

Act 29 puts your rented unit on a county list

From 18 September 2026 every Pennsylvania property that is not owner-occupied — including rented condo units and association-owned parcels — must register a reachable contact with the county within 30 days of purchase, on pain of a $500 fine.

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LegislationSeptember 15, 2026

A tax credit for the sprinkler fight

SB 1299 would create a Pennsylvania tax credit for retrofitting sprinklers in Philadelphia residential high-rises — the money side of a retrofit mandate that condominium associations fought when it was proposed without one.

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CourtsSeptember 15, 2026

A stormwater charge is a tax, says the court

In Borough of West Chester v. PASSHE the Pennsylvania Supreme Court held an impervious-surface stormwater charge is a tax rather than a fee — setting out the two-step test that governs every municipal charge landing on association common areas.

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CourtsSeptember 15, 2026

A late filing cost these owners every argument

Homeowners who lost a collection trial to their association waived every issue on appeal by filing a late statement of errors, and the Commonwealth Court held counsel’s mis-calendaring was neither an extraordinary circumstance nor good cause.

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ComplianceSeptember 15, 2026

A fifty thousand dollar deductible ceiling

Since 1 July 2026 a condominium master policy with a per-unit deductible above $50,000 makes the units unfinanceable — and where a per-unit deductible exists, every mortgaged owner’s individual policy must now cover the same perils.

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ComplianceSeptember 15, 2026

A complaint line is your only regulator

Pennsylvania’s answer to “who regulates my HOA” is a consumer-protection complaint route created by Act 17 of 2018, triggered by records and meeting failures and available only to an owner in good standing who has exhausted internal dispute resolution.

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LegislationSeptember 15, 2026

A bill would put HOAs under Right-to-Know

SB 873 would add planned-community associations to the definition of “local agency” in Pennsylvania’s Right-to-Know Law, subjecting them to open-records officers, statutory deadlines and appeals to the Office of Open Records. It has not moved since June 2025.

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LegislationSeptember 15, 2026

A bill would make townships pay you back

SB 963 would require every Pennsylvania municipality to provide planned communities the same services it gives other homes — or reimburse the association for providing them — with compulsory arbitration where no agreement is reached.

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LegislationSeptember 15, 2026

A bill would ban requiring turf grass

HB 1878 would stop Pennsylvania covenants from prohibiting native conservation landscaping, and would deem unreasonable any restriction requiring turf grass or confining native planting to the back of a property.

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LegislationSeptember 15, 2026

Two condo bills, and the House voted on neither

HB 1343 and HB 1432 were the only condominium-specific bills of the 2026 session, both came out of committee on 9-8 splits with Ought-to-Pass minority reports, and both evaporated when the House adjourned on March 12 with 74 bills unvoted.

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ComplianceSeptember 15, 2026

Condo reserves must reach 15 percent on January 4

Fannie Mae and Freddie Mac raise the minimum replacement-reserve allocation from 10 to 15 percent of budgeted assessment income on January 4, 2027, with a reserve-study exception — and New Hampshire has no state reserve requirement underneath it.

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LegislationSeptember 15, 2026

HB 383 is not New Hampshire law and never was

A bill that would have made recorded condominium rules part of the condominium instruments and set a 51 percent threshold to amend a declaration was killed by voice vote on March 6, 2025 — but it keeps appearing on guide pages as enacted law.

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CourtsSeptember 15, 2026

A seasonal park still owes eighteen months' notice

In Dobens v. Fagnant the New Hampshire Supreme Court held that RSA 205-A's 18-month change-of-use notice applies to seasonal manufactured housing parks, that a home left on the lot keeps its owner a tenant year-round, and that Consumer Protection Act remedies follow a violation.

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CourtsSeptember 15, 2026

A common scheme gets you the road, not the beach

In Martin v. Far Echo Harbor Club the New Hampshire Supreme Court held that a deed referencing a subdivision plan implies an easement in the roads shown on it — but that a common scheme of development creates no right to use an association's amenities.

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