Pennsylvania Condo Laws: Who Repairs What

Governing law

State law sets the defaults. Your declaration (sometimes called the master deed or CC&Rs) usually fills in the details, and it often moves specific items between the owner and the association. Read both together.

Who maintains what

Under 68 Pa.C.S. 3307(a), unless the declaration says otherwise, the association maintains, repairs, and replaces the common elements, and each owner maintains, repairs, and replaces their own unit. Owners must allow reasonable access through their unit for this work, and whoever caused damage during access must promptly repair it. Under section 3314(c), unless the declaration says otherwise, costs for a limited common element are charged in equal shares to the units it is assigned to, and an expense caused by an owner's negligence or misconduct may be charged to that owner alone.

For a component-by-component breakdown, see who pays for what and limited common elements.

Unit boundaries

Under 68 Pa.C.S. 3202, unless the declaration says otherwise, if walls, floors, or ceilings are unit boundaries, the finished surfaces (drywall, paint, wallpaper, tile, finished flooring) belong to the unit and the rest of the wall, floor, or ceiling is a common element. Pipes, ducts, and wires that serve only one unit are limited common elements of that unit. Exterior doors, windows, balconies, patios, and similar fixtures serving one unit are its limited common elements.

Boundaries decide most repair disputes, from plumbing leaks to windows. Our unit boundaries guide explains how to read them.

Key provisions

• Association handles common elements; owners handle their units, unless the declaration says otherwise (68 Pa.C.S. 3307(a)).
• Limited common element costs are charged to the units they serve, unless the declaration says otherwise (3314(c)(1)).
• Costs caused by an owner's negligence or misconduct may be assessed to that owner alone (3314(c)(4)).
• Master policy deductibles and self-insured losses are allocated using the section 3314(c) rules (3312(i)).
• Association liens have limited priority, protecting up to six months of regular assessments in a judicial sale (3315(b)).
• Sellers must give buyers a resale certificate, and the contract is voidable until five days after delivery (3407).

Reserve studies

Thin reserves often turn into special assessments. See reserve study red flags for what to look for.

What is different in Pennsylvania

Insurance and deductibles

Under 68 Pa.C.S. 3312(a), the association must carry, to the extent reasonably available, property insurance on the common elements and units (not including owner improvements and betterments) and general liability insurance. Policies may have a deductible. Under 3312(i), any loss not covered because of a deductible is levied under the special allocation rules in 3314(c), so it can fall on the units involved or on an owner whose negligence caused the loss, unless the declaration says otherwise. Owners may insure their units for losses the master policy does not cover, including deductibles (3312(e)).

Related: HOA insurance deductibles and master policy vs HO-6.

Buying or selling a Pennsylvania condo

Under 68 Pa.C.S. 3407, the seller must give the buyer the declaration (other than plats and plans), bylaws, rules, and a resale certificate before the contract is signed, or otherwise before closing. The certificate covers fees, unpaid assessments, planned capital spending for the current and next two years, reserves, budget, lawsuits, insurance, and known violations. The association must provide the certificate within ten days of the owner's request. The buyer may void the contract until the certificate is delivered and for five days after, or until closing, whichever comes first.

Frequently Asked Questions

Who fixes what in a Pennsylvania condo?

Unless your declaration says otherwise, 68 Pa.C.S. 3307 makes the association responsible for the common elements and each owner responsible for their own unit. Section 3202 says the finished surfaces of walls, floors, and ceilings are part of the unit, while the structure behind them is common. Your declaration can change these defaults, so read it first.

Are windows and balconies my responsibility in Pennsylvania?

By default they are limited common elements. Section 3202(4) says exterior doors, windows, balconies, patios, and similar fixtures serving one unit are limited common elements assigned to that unit. Under 3314(c)(1), unless the declaration says otherwise, repair and replacement costs for a limited common element are charged to the units it serves.

Can a Pennsylvania buyer back out after getting the resale certificate?

Yes, for a short time. Under 68 Pa.C.S. 3407(d), the purchase contract is voidable by the buyer until the resale certificate is provided and for five days after, or until closing if that comes first. Read the certificate as soon as it arrives, especially the sections on reserves, planned capital spending, and lawsuits.

Who pays the master policy deductible in a Pennsylvania condo?

Section 3312(i) says the uninsured portion of a loss due to a deductible is levied under the special allocation rules of section 3314(c). Unless the declaration says otherwise, that can mean the units that benefited from the repair, or an owner whose negligence or misconduct caused the loss. Many associations adopt a written deductible policy, so ask for it.