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Township ordinances now bind on day one

Township ordinances now bind on day one
Pennsylvania · Regulation

Township ordinances now bind on day one

What happened. Pennsylvania removed the five-day cushion that used to sit between a second-class township adopting an ordinance and that ordinance binding anyone. Act 3 of 2025 was approved on 27 June 2025 and took effect immediately.1

The change, in the statute's own markup

The act amends § 1601(a.1) of The Second Class Township Code. The enrolled text shows the deletion in brackets and the replacement in italics: "Ordinances shall be recorded in the ordinance book of the township and are effective [five days] immediately after adoption unless a [date later than five days after adoption] later date is stated in the ordinance."2

Two consequences follow from that short edit. An ordinance with no stated effective date now binds the moment it is adopted. And the township retains the power to set a later date — but it is now a choice the supervisors have to make deliberately, rather than a floor the statute guaranteed.

The act also formalises electronic filing of ordinances with the county and electronic county storage, which is the administrative half of the same bill.

Why this reaches community associations

Because of where Pennsylvania's planned communities are. Second-class townships are the default rural and suburban municipal form in the Commonwealth, and they are where the subdivision boom of the 1990s and 2000s put most of the state's covenanted housing. The ordinances that reach those neighbourhoods — short-term rental rules, parking restrictions, property-maintenance codes, nuisance and noise provisions, stormwater requirements — are second-class township ordinances.

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What the five days were actually worth

Not much on their own, which is why the change passed without controversy. But they were the window in which a board could learn that something had been adopted and tell the community before it applied to them.

The realistic sequence in an association was: a supervisor's meeting is held, an ordinance passes, a board member or manager who follows the township learns of it, and the association circulates a notice. Five days was never generous, but it was non-zero. It is now zero unless the township chooses otherwise.

The practical exposure is narrow but real. It falls on the owner who does something on the day of adoption that the ordinance now prohibits, and on the association that tells owners "the township is considering X" without adding that X may be in force the evening it passes. Where an association's own rules cross-reference municipal requirements — a common drafting choice for parking, trash, and exterior maintenance — the association's rule can change content on the day the township's does.

The practical fix, and it is procedural

An association cannot slow a township down. What it can do is stop finding out late. Three things do most of the work:

  • Get the agenda, not the minutes. Second-class township supervisors publish meeting agendas in advance. Minutes arrive after the ordinance is already in force. A board member or manager on the agenda distribution, who actually reads it, sees the ordinance coming.
  • Know which ordinances your rules point at. If the association's parking rule says "as permitted by township ordinance," the association has delegated part of its rulebook to the supervisors. That is sometimes sensible and sometimes not, but it should be a known position rather than a surprise.
  • Treat adoption day as the compliance date. Any communication to owners about a pending ordinance should say so plainly.

The wider pattern this fits

Pennsylvania's association law has been static — Title 68 was not amended at all in the 2025-2026 session — while the municipal layer beneath it has kept moving. Act 3 is a small instance of a larger fact: for a Pennsylvania board, the rules that changed this year mostly changed at the township building, the county courthouse, or a federal agency, and not in Harrisburg.

That has a consequence for how a board spends its limited attention. Tracking state legislation is cheap and currently yields very little. Tracking the township yields the things that actually bind, and it now yields them with no lead time at all.

What this does not change

Two boundaries are worth stating, because the act is easy to over-read. It does not touch the Municipalities Planning Code procedures that govern zoning ordinance adoption, which carry their own notice and hearing requirements. And it does not apply to boroughs, cities, first-class townships or home-rule municipalities, each of which has its own code. If your community sits in a borough, nothing here applies to you.

What to watch next

The live municipal questions for Pennsylvania associations this year are short-term rental licensing, property-maintenance enforcement against association-owned common areas, and stormwater. The last of those is the one with the most money attached: Pennsylvania's municipal stormwater permitting programme is running on an administratively extended permit that expired in 2023, and the obligations it eventually imposes land on township supervisors, who look for existing basins — which in a covenanted subdivision are almost always association-owned.

Whatever a township decides to do about any of that now binds the day the supervisors vote.

Related Pennsylvania HOA Topics

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  1. Act 3 of 2025 (Act of Jun. 27, 2025, P.L. 4, No. 3) — official act record
  2. Act 3 of 2025, enrolled text (amending § 1601(a.1) of The Second Class Township Code)
  3. HB 209, 2025-2026 session — bill history

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