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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36574
Experience:  16 years real estate, Realtor. Landlord 26 years
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I own a home in Hawley PA. There are 26 home owners and only

Customer Question

I own a home in Hawley PA.
There are 26 home owners and only one home owner wants to institute a HOA.
The remaining 25 home owners do not want a HOA.
What is the law?
The developer is currently maintaining the common property like roads and landscaping and the 25 home owners are very happy.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Is there anything in the recorded land records that show where the developer put in a requirement for a HOA prior to selling the first lots?
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Did the developer establish a HOA with the Sec of State?
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thanks
Barrister
Customer: replied 2 years ago.
The homes are at Woodloch Pines in Hawley PA.
We are told by the Woodloch attorney that there is a law on the PA books that states that if only one home owner wants a HOA then all home owners must comply. The remaining home owners do not want a HOA
We are all very happy with Woodloch maintaining the common areas. my question is Is there such a law on the PA books that states that one vote out of 26 can force all homeowners to form an HOA?
Customer: replied 2 years ago.
According to the Woodloch attorney there the PA law states the home owners have to have a choice of HOA or stay status quo.
Only one home owner wants the HOA
Expert:  Barrister replied 2 years ago.
Sorry for the delay...had to be out of office for a bit.
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I have reviewed the Hawley, PA local ordinances as well as the local zoning laws and the PA state laws ( Title 15, Subpart C, Chapter 51, Nonprofit Corporation Law of 1988) and don't see anything that would mandate a HOA if the developer didn't put in a provision in the deeds that one was mandatory prior to selling the first lot. The duty to have a POA is one that could be considered to be a burden on the land and if the developer wanted one, they would have to file for Articles of Incorporation for a nonprofit 501C HOA organization prior to selling the first lot in order to make all the lots subject to that requirement. They must also record CCRs (Covenants Conditions, and Restrictions) that make a HOA mandatory and record them in the local land records office prior to selling the first lot. The CCRs are the "laws" that govern the development and if there is nothing in the CCRs that states a HOA is mandatory, then one owner can't force one.
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This makes sense logically because it would be inequitable for the one homeowner to impose their will on the remaining 25 and force something that the vast majority doesn't want. So if it isn't mandated by the CCRs, then I don't see any legal basis for the imposition of a mandatory HOA.
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So with that said, I would suggest asking the attorney to direct you to the law that states that the one homeowner can force the rest to be a part of a HOA if it isn't in the CCRs...
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thanks
Barrister

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