Pennsylvania HOA and Condo Election Rules: Notice, Quorum, Electronic Ballots and the Independent Reviewer

Quick Answer

Pennsylvania writes its association election rules into two parallel statutes in Title 68: the Uniform Condominium Act for condominiums and the Uniform Planned Community Act for homeowners associations. Act 115 of 2022 rewrote the meeting, quorum and voting sections of both in nearly the same words, so most rules below are identical. The main difference is the independent reviewer, which a large condominium must use for board elections and an ordinary planned community does not.

This is our reading of Titles 68 and 15 of the Pennsylvania Consolidated Statutes, offered to support your own review, and it is not legal advice. Your declaration and bylaws can change several of these defaults, and a community created before its act took effect may not be bound by these sections at all. Confirm with your association's attorney before you rely on any one of them.

Two Acts, and the Older Communities They Do Not Reach

A condominium is governed by the Uniform Condominium Act, and a planned community, what most owners mean by an HOA, by the Uniform Planned Community Act. Either kind of association may be a profit or nonprofit corporation or an unincorporated association (§3301, §5301), and each act is supplemented by the law of corporations except where that law is inconsistent with it (§3108, §5108). That is how the Nonprofit Corporation Law in Title 15 reaches an association organized as a nonprofit corporation.

Check the date your community was created. The condominium act was enacted July 2, 1980, effective in 120 days, and applies to condominiums created after its effective date. Only a listed set of its sections reaches an older condominium (§3102(a), (a.1)). The planned community act was enacted December 19, 1996, effective in 45 days, and is built the same way (§5102(b), (b.1)). The meetings, quorum and voting sections, §3308 to §3310 and §5308 to §5310, are on neither list. For an older community those rules come from the declaration and bylaws, and from the Nonprofit Corporation Law if the association is a nonprofit corporation.

What Act 115 of 2022 Changed

Act 115 of 2022, from House Bill 1795, was approved November 3, 2022. Its Section 13 says it takes effect in 180 days, which put it in force in May 2023. It added the definitions of "independent reviewer" and "vote management system" (§3103, §5103), the reviewer requirements (§3303(e)(3), §5222(e.1)), the condominium removal rule (§3303(g)), and the approved methods of voting and election by acclamation (§3310(e), (f); §5310(e), (f)). It also rewrote the bylaw amendment, meeting and quorum provisions (§3306, §3308, §3309, §5306, §5308, §5309). If your bylaws were written before May 2023, read them against the current text.

Notice, the Agenda and the Candidates' Session

The bylaws must require an association meeting at least once a year and provide for special meetings. They must name the officer who, not less than 10 nor more than 60 days before any meeting, has notice hand delivered or sent by prepaid United States mail to each unit's mailing address or another address the owner designated in writing. Notice may go electronically if the owner agreed in writing or the bylaws permit electronic notices (§3308(a), §5308(a)).

The notice states the time, the place and the items on the agenda, including the general nature of any proposed amendment to the declaration or bylaws, any budget or assessment changes, and any proposal to remove a board member or officer where the documents require owner approval. Notice of a virtual meeting has its own delivery rules (§3308(b), §5308(b)).

The candidates' session. When there are more candidates than open seats and one or more candidates ask, the association must hold a special session at least seven days before the election so owners can meet each candidate, with equal time for every candidate (§3308(d), §5308(d)). In a contested year, put that date in the calendar before the notice goes out.

Remote attendance and recording. Unless the bylaws provide otherwise, taking part by conference telephone or other remote electronic technology that lets participants hear each other counts as attending in person (§3308(c), §5308(c)). A meeting the board records, after announcing it at the start, stays available to owners for at least six months (§3308(e), §5308(e)).

How Owners Can Vote

Unless the declaration or bylaws expressly prohibit it, an owner may vote in person or by proxy at a meeting, by absentee or electronic ballot, or by another method the documents expressly provide (§3310(e)(1), §5310(e)(1)). Two rules decide how a ballot interacts with the meeting (§3310(e)(2), §5310(e)(2)):

• An absentee or electronic ballot may be counted as an owner present and voting to establish a quorum, and otherwise only for the agenda items on the ballot.
• If the owner attends the meeting to vote in person, the ballot is not counted. The vote cast at the meeting supersedes it for that agenda item.

The act also defines an electronic ballot: one cast by electronic transmission over the Internet, a vote management system or the association's community network, if the identity of the owner can be confirmed and a receipt of the transmission and ballot can be made available to the owner (§3310(e)(3), §5310(e)(3)). Those are the two questions to put to any online voting method.

Proxies. A proxy is void if it is not dated or claims to be revocable without notice. It ends one year after its date unless it states a shorter term, and an owner can revoke it only by actual notice to the person presiding over the meeting (§3310(b), §5310(b)). Other states are compared in HOA proxy voting rules by state.

The roster. Co-owners vote through the person named in a certificate they all sign and file with the secretary, or otherwise through the owner present, and an entity votes through the person named in its certificate (§3310(a), §5310(a)). No votes may be cast for a unit the association owns (§3310(d), §5310(d)). After notice and an opportunity to be heard, an association may suspend an owner's right to vote while assessments are delinquent or violations remain uncured (§3302(a)(11)(ii), §5302(a)(11)(ii)).

Quorum, and the Fallback After Two Failed Meetings

Unless the bylaws provide otherwise, a meeting of the association has a quorum throughout if persons entitled to cast 20% of the votes that may be cast for election of the executive board are present in person or by proxy at the beginning. The bylaws may require a larger percentage, or a smaller one not less than 10% (§3309(a)(1), §5309(a)(1)).

In a hypothetical 240-unit planned community with one vote per unit and the default rule, that is 48 votes when the meeting opens, ballots included. If the bylaws set 10%, it is 24. The quorum calculator does this for your roster, and other states are in HOA quorum requirements by state.

After two failed meetings. If the association fails to meet a quorum at two subsequent meetings, it may use 15 Pa.C.S. §5756(b), unless the declaration or bylaws provide otherwise (§3309(a)(2), §5309(a)(2)). That section of the Nonprofit Corporation Law has two parts:

• 1Members who attend a meeting to elect directors that was previously adjourned for lack of a quorum are a quorum for electing directors, though fewer than the quorum (15 Pa.C.S. §5756(b)(1)).

• 2Members who attend a meeting previously adjourned for one or more periods totaling at least 15 days for lack of a quorum are a quorum for any matter in the notice, if the notice says so (15 Pa.C.S. §5756(b)(2)).

The second route works only if the notice says it, so write that sentence in. More options are in what happens when an annual meeting fails quorum.

The Independent Reviewer: Who Must Use One, and Who Qualifies

This is the rule that puts an outside party into a Pennsylvania election by statute. Here it is exactly.

Condominiums. "A vote by a unit owner must be submitted by the unit owner to an independent reviewer who shall tally the results of the election and certify the results to the executive board and unit owners" (§3303(e)(3)). The same paragraph says:

• To vote in the election, an owner must be in good standing: current in payment of assessments and fines, unless they relate directly to a complaint filed with the Bureau of Consumer Protection about meetings, quorums, voting or records (§3103).
• The board presents the official election results, based on the reviewer's certified election report, at a meeting of the unit owners and enters them in the meeting records.
• It applies only to a condominium with at least 500 units. A condominium with fewer than 500 units may opt in by a vote of at least 51% of the votes collected from owners in person, electronically or by absentee ballot.

Planned communities. The executive board section for planned communities has no reviewer rule (§5303). Act 115 put it in the master association section instead: the documents must provide that an owner's vote in an election of members of the master association's governing body goes to an independent reviewer, who tallies and certifies the results (§5222(e.1)). That applies only to a planned community with at least 500 units, and a smaller one's master association may opt in by the same 51% vote. An HOA electing its own executive board is not covered.

Who qualifies. An independent reviewer is a person selected by the executive board who meets all five conditions (§3103, §5103):

• 1Holds a Pennsylvania certified public accountant certificate, is licensed to practice law in Pennsylvania, or is a vote management system.

• 2Is not a unit owner, directly or indirectly.

• 3Has no immediate family relationship (a parent, spouse, child, brother or sister) with a unit owner or the community's manager (in a condominium, also the declarant).

• 4Has no financial interest shared with a unit owner or the manager (in a condominium, also the declarant).

• 5If compensated by the declarant, a director, the association or the manager, has disclosed the terms of the compensation to all unit owners at a scheduled meeting.

A "vote management system" is "a third-party vendor who operates a digital or subscription service that securely manages the conduct of elections and voting procedures" (§3103, §5103). That is the whole definition.

Two practical points follow. Condition 5 needs a scheduled meeting, so if the reviewer will be paid, put the disclosure on an agenda ahead of the election. And because each vote "must be submitted by the unit owner to an independent reviewer," agree with the reviewer how ballots reach them before the notice goes out. vote.direct does not serve as a Pennsylvania independent reviewer. Your board selects the reviewer, and the election can run on vote.direct under that reviewer's oversight.

Bylaw amendments. The act names a reviewer in one more place, with no unit threshold. Bylaws may be amended only by owners of units holding at least 51% of the votes, or a larger majority the bylaws set (a smaller one only if every unit is nonresidential), at a scheduled meeting after notice advertised 14 days in advance. Absentee voting must be permitted, and those ballots must be submitted to an independent reviewer by the start of the meeting (§3306(a)(6), §5306(a)(6)).

Running a Pennsylvania Election, From Notice to Certification

• 1Confirm what binds you: your act, when the community was created, and any express ban on absentee or electronic ballots.

• 2Decide whether a reviewer applies, and if one does, have the board select one.

• 3Settle the roster: certificates, association-owned units, suspensions, and good standing in a reviewer election.

• 4Send notice 10 to 60 days ahead with the time, place and agenda.

• 5Hold the candidates' session at least seven days before a contested election if a candidate asks.

• 6Collect ballots and proxies. An electronic ballot needs a way to confirm the owner's identity and a receipt for the owner.

• 7Check quorum when the meeting opens, counting absentee and electronic ballots.

• 8Declare or count. Unless the bylaws provide otherwise, the presiding officer may declare an uncontested nominee elected by acclamation once there are no further nominations (§3310(f), §5310(f)). In a reviewer election, the reviewer tallies and certifies, and the board presents the results at an owners' meeting.

• 9Keep the record. All financial and other records must be reasonably available for examination by any unit owner (§3316, §5316(a)).

Who counts when no reviewer is required. For an association that is a nonprofit corporation, the Nonprofit Corporation Law supplies judges of election unless a bylaw adopted by the members provides otherwise. The board may appoint one or three before the meeting; otherwise the presiding officer may appoint them, and must if any member asks. A candidate for an office to be filled at the meeting cannot be a judge (15 Pa.C.S. §5765(a)(1)). The judges count the votes and determine the result, and their report or certificate is prima facie evidence of the facts in it (15 Pa.C.S. §5765(a)(3), (4)).

On vote.direct, each owner receives an online ballot by email or text with a code of their own, owners who need paper can be sent a mailed packet with a prepaid return envelope, and the organizer sees quorum while voting is open. The election ends with a result certificate and an exportable audit record, and a free test election with up to 5 test voters lets the board try it first.

Removing a Board Member and Filling the Seat

Notwithstanding the declaration or bylaws, owners may remove any member of the executive board, with or without cause, by a two-thirds vote of all persons present and entitled to vote at a meeting with a quorum, except a member the declarant appointed (§3303(g), §5303(f)). In a condominium, notice of the intention to remove must go out with the notice of the meeting (§3303(g)). The planned community subsection has no notice clause of its own, but the meetings section requires the notice to list a removal proposal where the documents require owner approval (§5308(a)).

The executive board may fill a vacancy for the unexpired portion of the term, but may not otherwise elect board members (§3303(b), §5303(b)). More in the recall process by state and how to fill a board vacancy.

Complaints and Disputes

A unit owner in good standing may file a complaint with the Bureau of Consumer Protection in the Office of Attorney General over a violation of the meetings, quorum or voting sections, and in a condominium the records section too (§3322(a), §5322(a)). Where the documents provide an alternative dispute resolution procedure, the owner must first exhaust it or wait at least 100 days after starting it (§3322(b), §5322(b)). See what to do when an election is disputed. The state summary, with the citations in one place, is Pennsylvania HOA voting rules.

FAQ

Q: Can a Pennsylvania HOA vote online?

Yes, unless the declaration or bylaws expressly prohibit it. Both acts let an owner vote by absentee or electronic ballot, and an electronic ballot must let the association confirm the owner's identity and make a receipt available (§3310(e), §5310(e)). A community created before its act took effect should check its own documents (§3102, §5102).

Q: What is the quorum for a Pennsylvania HOA meeting?

Unless the bylaws provide otherwise, persons entitled to cast 20% of the votes for the executive board, present in person or by proxy when the meeting begins. The bylaws may set more, or less but not under 10% (§3309(a)(1), §5309(a)(1)).

Q: Does a Pennsylvania HOA need an independent reviewer for board elections?

A condominium with at least 500 units does, for executive board elections (§3303(e)(3)). In a planned community with at least 500 units, the requirement covers elections to a master association's governing body (§5222(e.1)). Smaller communities may opt in by a vote of at least 51% of the votes collected.

Q: Who can be an independent reviewer in Pennsylvania?

A person the executive board selects who is a Pennsylvania CPA, a Pennsylvania lawyer or a vote management system, is not a unit owner, has no family tie or shared financial interest with an owner or the manager, and, if paid, has disclosed the terms to all owners at a scheduled meeting (§3103, §5103).

Q: How long is a proxy good for in Pennsylvania?

One year after its date, unless it states a shorter term. An undated proxy is void, and an owner revokes a proxy only by actual notice to the person presiding (§3310(b), §5310(b)).

Q: How do you remove an HOA board member in Pennsylvania?

By a two-thirds vote of all persons present and entitled to vote at a meeting with a quorum, with or without cause, except a member the declarant appointed (§3303(g), §5303(f)).

Sources: Pennsylvania Consolidated Statutes, Title 68: §3102, §3103, §3108, §3301 to §3303, §3306, §3308 to §3310, §3316 and §3322 (Uniform Condominium Act); §5102, §5103, §5108, §5222, §5301 to §5303, §5306, §5308 to §5310, §5316 and §5322 (Uniform Planned Community Act); Act 115 of 2022 (House Bill 1795), Section 13; Title 15: §5756 and §5765 (Nonprofit Corporation Law). Read at legis.state.pa.us and palegis.us on November 12, 2026.

Every rule on one page: Pennsylvania HOA voting rules, with quorum, notice, proxy and electronic voting at a glance.