Pennsylvania Selective Enforcement Challenge Letter for HOA Violations

If your Pennsylvania HOA is enforcing rules against you while ignoring identical violations by your neighbors, you may have a strong selective enforcement claim. Pennsylvania's Uniform Planned Community Act (UPCA) and Uniform Condominium Act (UCA) require associations to act in good faith and enforce covenants uniformly. When a board singles out homeowners based on personal grudges, discrimination, or arbitrary preferences, courts can refuse to enforce the violation and award damages. A properly drafted selective enforcement challenge letter puts your HOA on notice, creates a paper trail, and often resolves disputes before they reach the Court of Common Pleas. This page explains Pennsylvania law and how a demand letter can protect your property rights.

Pennsylvania law governs HOAs primarily through the Uniform Planned Community Act (68 Pa.C.S. §§ 5101–5414) for planned communities created after February 2, 1997, and the Uniform Condominium Act (68 Pa.C.S. §§ 3101–3414) for condominiums. Both statutes impose a duty of good faith on associations and their boards under 68 Pa.C.S. § 5302 and § 3302. Pennsylvania courts have long recognized selective enforcement as a defense and as an affirmative claim against HOAs. Under cases such as Swarthmore Swim Club v. Weccacoe Beneficial Association and other Pennsylvania appellate decisions interpreting restrictive covenants, an association may not enforce a covenant arbitrarily, capriciously, or in a discriminatory manner. If a board has knowingly tolerated identical or similar violations by other owners, it may have waived its right to enforce the covenant against you, or may be estopped from doing so. Pennsylvania also recognizes the doctrines of waiver, laches, and unclean hands as defenses to covenant enforcement. The UPCA and UCA further require that rules be reasonable, adopted through proper procedure, and applied uniformly. Boards owe fiduciary duties to all members under 68 Pa.C.S. § 5303, meaning directors must act in the best interest of the entire community, not punish disfavored owners. Selective enforcement may also intersect with the federal Fair Housing Act and the Pennsylvania Human Relations Act if enforcement targets a protected class. Remedies include declaratory judgment that the covenant is unenforceable as to you, injunctive relief halting fines and liens, recovery of any improperly assessed fines, and, in some cases, attorney fees under 68 Pa.C.S. § 5311 when the association acts in bad faith.

A Pennsylvania selective enforcement challenge letter works because it forces the HOA board and its attorney to evaluate litigation risk before they escalate. The letter should identify the specific covenant or rule being enforced against you, document at least three to five comparable violations the board has ignored (with addresses, photographs, and dates), and cite 68 Pa.C.S. § 5302 or § 3302 along with Pennsylvania case law on uniform enforcement. Reference the board's fiduciary duty under § 5303 and demand a written explanation of why your property was targeted. Request inspection of HOA records under 68 Pa.C.S. § 5308, which gives owners broad rights to review enforcement logs, board minutes, and violation correspondence. Set a clear 30-day deadline for the association to withdraw the violation notice, rescind any fines, and remove any lien. State that if they refuse, you will file suit in the Court of Common Pleas seeking declaratory and injunctive relief, damages, and attorney fees. Most Pennsylvania HOAs are managed by professional firms whose attorneys understand that selective enforcement claims are difficult and expensive to defend, especially when photographic evidence of comparable violations exists. A well-documented letter often results in withdrawal of the violation, a settlement, or a written agreement to enforce uniformly going forward. Send the letter by certified mail, return receipt requested, to both the board president and the management company, and keep a copy for your records and any future court filing.

If the HOA refuses to resolve the dispute, Pennsylvania homeowners can file in Magisterial District Court for claims up to $12,000, which covers most fine and fee disputes. Filing fees range from approximately $60 to $180 depending on the amount claimed. For injunctive relief, declaratory judgment, or to challenge a lien, you must file in the Court of Common Pleas in the county where the property sits, where filing fees typically run $200–$350. Pennsylvania's statute of limitations for breach of contract (covenant disputes) is four years under 42 Pa.C.S. § 5525. Many HOA declarations require alternative dispute resolution or mediation before litigation, so review your governing documents carefully.