Name someone to catch the tax-sale notice
Name someone to catch the tax-sale notice
2026-09-15 · Pennsylvania · Legislation
What happened. Pennsylvania created a way for a homeowner to nominate someone else to receive their delinquent-property-tax notice before the county can sell the property. Act 27 of 2026 was signed on 12 July 2026; most of it takes effect 60 days later, on 10 September 2026, with one article effective immediately.1
The designation form
The act amends the Real Estate Tax Sale Law of 1947 by adding § 619.2, which directs the Department of Community and Economic Development to build the form. Verbatim, DCED "shall develop a designation form to be used by an owner to assign a designated individual to receive a notification regarding delinquent real estate taxes on the owner's property, if the owner: (1) is unable or has limited ability to receive or manage the delinquent real estate tax notice; or (2) otherwise chooses to assign a designated individual."2
The form captures the owner's name, date of birth and contact details, the property address, and the designee's details, plus "Verification that the designated individual is: (i) a next of kin of the owner; or (ii) an agent, guardian, trustee or other representative…"
Note the second limb of the trigger. An owner does not have to be incapacitated to use it — (2) lets any owner nominate someone simply because they want to.
The unseated-land provisions
A separate new Article VII-A, effective immediately, addresses unseated — that is, unimproved and unoccupied — land. Section 705-A provides: "The duty to pay property taxes on unseated land shall be a charge against the land only and not a duty of the owner. Sales for the nonpayment of taxes on unseated land are in rem and shall not require personal notice of the sale to the landowner."2 Section 706-A restates the five-year limitation period from the act of 3 April 1804.
Why an aging community should care about § 619.2
Because the failure it addresses is one associations watch happen. A long-standing owner declines, mail stops being opened, the taxes go unpaid, and the first anyone knows is an upset sale notice or a new owner at the door. For the association the downstream consequences are assessments that stop arriving, a unit that deteriorates, and a collection file that becomes far harder once a tax sale is in the picture.
The designation form is a cheap intervention because it is the owner's own act and costs nothing. An association cannot file it for anyone, and should not try — but a board or manager who mentions it exists, in the newsletter or at the annual meeting, has done something genuinely useful for the owners most at risk. Communities with a substantial 55-and-over population are the obvious place to raise it.
The realistic framing for owners is that this is the property-tax equivalent of a nominated emergency contact, and that nominating a son, daughter or agent does not give that person any authority over the property — it gives them a copy of a notice.
The unseated-land provision, and the caution that goes with it
Article VII-A is the part with the sharper edge for associations, because associations hold undeveloped parcels: open-space tracts, stormwater basin lots, buffer strips, unimproved recreation land conveyed at turnover. Some of these are unseated within the meaning of the tax sale law.
Two features of § 705-A deserve attention together. The duty to pay is "a charge against the land only and not a duty of the owner" — which sounds protective, and in one sense is, since it does not create a personal liability. But the second sentence is the operative one: sales for non-payment on unseated land are in rem and "shall not require personal notice of the sale to the landowner."
An association can therefore lose an open-space or basin parcel to a tax sale without a personal notice being sent to it. For a board that has never been certain which parcels it owns — and that describes a great many Pennsylvania boards, particularly where the developer's conveyances at turnover were untidy — that is a real exposure. Losing a stormwater basin parcel is not a paperwork problem; it is a parcel the association still has maintenance obligations toward under its permit and declaration, now owned by someone else.
Where that leaves a board
Three things, in order:
- Establish what the association owns. Pull the deeds and check them against the county assessment records, parcel by parcel. This is the step boards skip and the one everything else depends on.
- Confirm every parcel's tax status and billing address. Including the parcels assessed at nominal value — those are the ones nobody looks at, and the ones where a small unpaid bill sits undisturbed for years.
- Check where the county sends the bill. If it goes to a management company that stopped working for you in 2021, fix that first.
What to watch next
The form itself does not exist yet in usable shape — the act tells DCED to develop it, and the operative provisions took effect on 10 September. Watch for DCED's publication of the designation form and for county tax claim bureaus to start accepting it, which will happen at 67 different speeds. Until a county has a route to file it, the provision is a right without a mechanism.
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