Pennsylvania doesn't carve out a freestanding 'architectural review' statute the way some states single out solar panels or flags by name. Instead, the board's authority to police exterior changes comes from its general powers: § 3302(a)(6) (condo) and § 5302(a)(6) (planned community) let the association 'regulate the use, maintenance, repair, replacement and modification of common elements,' and require it to 'make reasonable accommodations or permit reasonable modifications' for people with disabilities. Anything beyond that, paint colors, fences, sheds, satellite dishes, comes from your recorded declaration and adopted rules, not from a separate statute. Read your declaration's architectural section as the actual rulebook.
That general grant of power is not unlimited. Both Acts cap it: the declaration cannot give the association power over the declarant that is more restrictive than its power over anyone else, and § 3302(a)(9) / § 5302(a)(9) requires prior owner approval before the board can grant an easement, lease, or license over the common elements that materially impairs an owner's rights. Architectural authority has to trace back to something actually recorded, not the board's preference in the moment.
A fine for an ARC violation still needs a hearing, and resale certificates leave a paper trail
Because § 3302(a)(11) / § 5302(a)(11) require notice and a hearing before any fine, an architectural violation is not a special exception. The board cannot simply fine you for an unapproved fence or paint color without the same process it owes you for any other violation. And when your unit or a prior owner's unit is resold, § 3407(a)(10)–(11) (condo) and § 5407(a)(10)–(11) (planned community) require the association to disclose, in writing, whether the executive board has knowledge that alterations to the unit violate the declaration, or knowledge of governmental-requirement violations. If a past resale certificate never flagged your improvement, that's a real, documented data point that the board either approved it or never treated it as a violation, useful if the board tries to enforce against it later.
The authority
The statutes behind this
Cited by name as authority, for your own reading. Informational only, not legal advice.
68 Pa.C.S. § 3302
Gives the condo association general power to regulate modification of common elements and requires reasonable disability accommodation; any fine, including for an architectural violation, requires notice and a hearing.
68 Pa.C.S. § 5302
The planned community (HOA) mirror of § 3302: the same modification-regulation power, accommodation duty, and fine-hearing gate.
68 Pa.C.S. § 3407
Requires the resale certificate to disclose the board's knowledge of alteration violations or governmental-requirement violations affecting the unit, creating a documented record of what was, or wasn't, flagged; § 5407 is the planned community equivalent.
Step by step
How to challenge an architectural denial or fine in Pennsylvania
Steps to push back on a Pennsylvania condo or HOA architectural denial or violation fine.
- 01
Pull your declaration's actual architectural standard
The statute doesn't set design rules; your recorded declaration and adopted rules do. Ask, in writing, exactly which recorded provision your project supposedly violates.
- 02
Confirm the fine went through notice and a hearing
An architectural fine gets no exception from § 3302(a)(11) / § 5302(a)(11). If you weren't given notice and a chance to be heard, that's a defect you can raise.
- 03
Check whether a disability accommodation applies
If your request relates to a disability modification, § 3302(a)(6) / § 5302(a)(6) requires the association to make a reasonable accommodation, not simply apply the standard rule.
- 04
Pull past resale certificates for your unit
Under § 3407 / § 5407, a resale certificate must disclose known alteration violations. If a past certificate said nothing about your improvement, that's documented evidence it was never treated as a violation.
- 05
Gather comparable approvals
Photograph similar approved projects elsewhere in the community. Inconsistent application of the same standard supports a selective-enforcement argument (see that guide).
Straight answers
Common questions
Does Pennsylvania law set architectural standards for condos or HOAs?
No. There's no dedicated architectural-review statute. The association's authority comes from its general power to regulate modification of common elements (§ 3302(a)(6) / § 5302(a)(6)), and the actual standards live in your recorded declaration and rules.
Can they fine me for an unapproved change without a hearing?
No. Any fine, architectural or otherwise, requires notice and an opportunity to be heard under § 3302(a)(11) (condo) or § 5302(a)(11) (planned community).
What if my project is a disability accommodation?
Section 3302(a)(6) / § 5302(a)(6) requires the association to make reasonable accommodations or permit reasonable modifications for people with disabilities, which is a different standard than an ordinary aesthetic request.
How do I show my project was already accepted?
Pull resale certificates for your unit under § 3407 / § 5407. They must disclose known alteration violations, so a certificate that never flagged your project is real evidence it wasn't treated as one.