No statewide inspection mandate anywhere
No statewide inspection mandate anywhere
2026-09-15 · Pennsylvania · Compliance
What is the case. Five years after the Surfside collapse reshaped condominium law in Florida and prompted legislation in a dozen states, Pennsylvania has enacted nothing. There is no statewide structural or milestone inspection requirement, no reserve-study mandate, and no minimum reserve funding level — and no bill proposing any of them has been introduced in either the 2025-2026 or the 2023-2024 session.1
How the null was established
Full-text searches across both sessions return zero results for "reserve study" and zero for "milestone inspection." The four bills in the 2025-2026 session matching "structural integrity" concern solar-ready warehouses and home-inspector licensing, not condominium buildings.1
The Community Associations Institute's Keystone Chapter maintains a public tracker of Pennsylvania association legislation. It lists seven bills for this session and none concerns milestone inspections, structural integrity reserve studies or reserve funding.2
And the statutes themselves confirm it from the other side: Title 68 was not amended at all in the 2025-2026 session. The upkeep provision for condominiums, 68 Pa.C.S. § 3307, and the insurance provision, § 3312, are as they were.
The one mandate that exists, and it is municipal
Philadelphia requires periodic façade inspections by a licensed Pennsylvania professional engineer or registered architect for buildings of six or more storeys, or with any appurtenance over 60 feet, on a five-year cycle, with reports filed with Licenses and Inspections. It was signed into law by Mayor Nutter on 17 February 2010 and sits in the Property Maintenance Code.3
Initial report deadlines were staggered by construction date, running from 30 June 2011 for buildings of 1950 and earlier through 30 June 2015 for 1991-2005, with buildings from 2005 onward due within ten years of the certificate of occupancy. A waiver or deferral is available where the façade was substantially restored within the previous five years.
We have not been able to confirm the ordinance or bill number from a City source; the detail above comes from a professional-practice summary. The requirement itself is well established and long in force.
What actually fills the gap
The secondary mortgage market, and nothing else.
Since 3 August 2026 an established condominium project can no longer be approved through the abbreviated review route, so the association's budget, reserve study, insurance and repair position are examined on every conventional loan. Since the same date a reserve study must not rely on a baseline funding method and the budget must carry the study's highest recommended allocation. From 4 January 2027 the minimum replacement-reserve allocation rises from 10% to 15% of annual budgeted assessment income.
Those are lending standards, not law. No Pennsylvania agency enforces them, no penalty attaches, and an association that ignores them commits no violation. What happens instead is that its units become difficult to finance.
So Pennsylvania has arrived at a position where the recurring external examination of a condominium's physical and financial condition is conducted by mortgage underwriters, on behalf of buyers, at the point of sale — and the Commonwealth has no view on the matter at all.
What this means for an older Pennsylvania building
Pennsylvania has a great deal of old condominium stock, particularly in Philadelphia and Pittsburgh, much of it converted from buildings that predate the condominium form entirely. The absence of a statutory inspection cycle means nobody is required to look at it.
A board's position is therefore entirely self-directed, and the practical questions are:
- When was the building structure last assessed by an engineer — not inspected for a specific repair, but assessed? For many Pennsylvania associations the honest answer is never.
- Does the reserve study cover structural components, or only the things that visibly wear out? Studies commissioned cheaply often cover roofs, paving, mechanical plant and paint, and omit the envelope and the structure.
- Is there deferred maintenance that a lender would classify as a critical repair? That classification is now examined at every sale.
- For Philadelphia buildings of six or more storeys, is the façade report current? A lapsed five-year cycle is a code violation and a disclosure problem at resale.
The argument for acting without a mandate
It is not primarily about safety, though that is the reason the subject exists. It is that a board's duties under Pennsylvania law do not depend on a statutory inspection cycle.
The Uniform Planned Community Act requires an association to act in good faith, with reasonable care, and in the best interests of the association, and directors to perform their duties with the care, skill and diligence of a person of ordinary prudence in similar circumstances — the standard the Superior Court applied this March in Pauletta v. Riverview Manor. Whether a board that has never assessed an aging building's structure has exercised ordinary prudence is a question the absence of a statutory mandate does not answer.
And there is a practical asymmetry. The cost of a structural assessment is knowable and modest. The cost of discovering a problem through a failure is neither.
Why Pennsylvania has done nothing
Worth stating without editorialising, because the reasons are structural rather than mysterious. Pennsylvania has no agency with jurisdiction over community associations, no register of them, and no count of how many exist or how many people live in them — two bills to create that count have sat in committee since 2025 without a vote. A legislature cannot readily mandate inspections for a category of buildings it has not enumerated, and there is no agency that would receive the reports.
The bills that do exist in this session concern solar panels, clotheslines, meeting notice, native landscaping, open records and municipal service reimbursement. None concerns whether the buildings are sound.
What to watch next
The session ends 30 November 2026 with no carryover, so nothing can be introduced and enacted before 2027 at the earliest. The dates that will actually change behaviour in Pennsylvania condominiums are the lending ones — 4 January 2027 for the reserve increase, and 1 January 2027 for the annual insurance verification that servicers must begin conducting.
Related Pennsylvania HOA Topics
- Pennsylvania General Assembly bill records, 2025-2026 session (full-text searches for reserve study and milestone inspection return no results) ↩
- CAI Keystone Chapter — 2025-2026 Pennsylvania legislative tracker ↩
- Philadelphia façade inspection ordinance, professional-practice summary (signed Feb. 17, 2010) ↩
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