Legislation will address private community disputes

Northeastern Pennsylvania, including Monroe and Pike counties, is home to what is expected to be over 300 planned private communities, also referred to as homeowners associations (HOAs). I, too, currently live in a HOA community and have for most of my life, excluding my time away at college and my first home. While I understand the benefits of living in a HOA community, I am also fully aware of how they operate. Each HOA elects a board of directors, which is voted on by the people of that community. The board is typically made up of volunteers who have earned the confidence of their community residents by vote. The board then has the power to make decisions about specific issues, including budgetary spending, priorities and by-laws within that community. Although these communities act independently and are private, they do use state resources, such as the state police (to enforce state and federal laws), the Pennsylvania Game Commission, the Pennsylvania Fish and Boat Commission and others. However, all by-law enforcement is the responsibility of the individual HOA.
In 1997, the state created the Planned Community Act, which serves as a framework for the set-up of these planned, private communities. The framework includes guidelines for the HOA to follow based on state law to ensure residents’ rights are protected. During my time in office, I have received continuous complaints from my constituents on specific HOAs and allegations of serious violations to the Planned Community Act. Residents have been instructed to complete an attorney general complaint form and send it to the Bureau of Consumer Protection. A lack of response or communication from the attorney general’s office has led me to further research this issue. Some constituents, who did not receive a response from the attorney general’s office, made the decision to move forward to their only other option — a private lawsuit — if they were financially able to take that route.
I feel strongly that residents in HOA communities should not feel that their only option is to pursue a personal lawsuit if the HOA is violating the Planned Community Act. Currently, the attorney general’s Bureau of Consumer Protection Office has the jurisdiction to mediate and investigate financial complaints related to HOAs. My legislation, House Bill 1774, would expand that authority further for serious violations, including by-law creation, voting processes, etc. It is important to note that disputes regarding specific by-laws (ex. the color of a door) or personal disputes are not the focus of this legislation. Private communities will remain private in their process to establish their own by-laws, and goals; however, the process by which they create these by-laws must be structurally sound and in compliance with the Planned Community Act. If that process is not followed, this legislation would offer a mechanism for the HOA community residents to have the situation mediated and investigated by the attorney general’s office.
As with any legislation, it is important to consider all aspects of a situation. This is why last week, I brought the House Urban Affairs Committee chairman to the district to listen to testimony from constituents, the attorney general’s office and the Community Association Institute. Testimony confirmed the need for stronger assistance in this matter and the need to carefully draft an amendment to the legislation to ensure it is not overreaching. House Bill 1774 is currently introduced and will be adjusted based on the testimony. I expect the bill to be presented to members of the House Urban Affairs Committee in the near future. I continue to recognize the issues you face and thank you for reaching out to my office to bring real-life stories and concerns to my attention. The end goal, of course, is to ensure our private communities run smoothly and abide by the Planned Communities Act framework to protect the rights of all residents, including the board of directors who serve in a volunteer position. If you have a specific situation you would like to share with me, please email me your statement (rosemarybrown@pahousenews.com), so that I may include it in my file as this legislation moves forward. All names and associations will be kept anonymous; however, the specific situation may be discussed as I need to justify the need for this legislation.
Editor's note: Pennsylvania State Representative Rosemary Brown represents the 189th Legislative District.