How to Amend a Condo Declaration in Pennsylvania

A Step-by-Step Guide for Condo Associations

1. Review the Current Declaration and Governing Law

Before drafting any amendment, the board must carefully review:

• The existing declaration
• The association bylaws
• Applicable state law, including the Pennsylvania Uniform Condominium Act

Your declaration will specify:

• The percentage of unit owners required to approve amendments (commonly 67%, 75%, or sometimes unanimous consent)
• Whether mortgage holders must also consent
• Required notice procedures
• Meeting and voting requirements
• Recording obligations
  
  

Pennsylvania law may impose additional requirements, particularly for amendments that impact ownership percentages, common elements, or unit boundaries. Skipping this review step can result in an invalid amendment.

2. Draft the Amendment Properly

An amendment must clearly state:

• The section being amended
• The exact language being removed
• The precise new language replacing it
  
  

This document is typically prepared or reviewed by the association’s attorney to ensure legal accuracy and enforceability. PhillyLiving Management has years of experience working in this environment for condo associations. You can read some of our clients' reviews about our level of service.



Common amendments include:

• Rental restrictions
• Pet policy updates
• Changes to maintenance responsibilities
• Adjustments to common expense allocations
• Annexation of additional space
• Revisions to voting rights
  
  

Certain amendments — such as altering unit boundaries or ownership percentages — may require unanimous consent.

3. Obtain Owner Approval

Amendments generally require approval at:

• A special meeting of the association, or
• An annual meeting (if properly noticed)

Advance written notice must be provided to owners in accordance with the declaration and Pennsylvania law. The approval threshold will be whatever is stated in your governing documents — often two-thirds or three-fourths of unit owners.

Some changes may require 100% approval, particularly those affecting:

• Unit boundaries
• Percentage interests in common elements
• Allocation of voting rights

Proper documentation of the vote is critical.

4. Obtain Lender / Mortgagee Consent (If Required)

Many condominium declarations — and sometimes state law — require consent from mortgage lenders who hold liens on units.

This is typically handled through:

• Written notice to lenders
• A signature form, or
• “Deemed consent” if no objection is received within a specified timeframe

Failing to secure the required lender consent can invalidate the amendment.

6. Update Association Documents

After recording, the association should:

• Incorporate the amendment into its official governing documents
• Distribute copies to all owners
• Maintain the updated version in the association records
• Provide updated resale documentation for future transactions

Maintaining organized and accurate documents helps prevent confusion and disputes down the road.

Why This Process Matters

• Legal Enforceability

An amendment that is not properly approved and recorded may not hold up if challenged.

• Protection for Owners and Buyers

Recorded amendments appear in real estate transactions, ensuring transparency and protecting future purchasers.

• Operational Clarity

Clear, properly adopted amendments eliminate ambiguity around rights, responsibilities, and financial obligations.

Understanding Unit Plats and Floor Plans

When amendments affect physical space — such as annexing common areas or modifying boundaries — it is essential to review the unit plat or registered floor plans.

A unit plat:

• Shows the layout and boundaries of each unit
  
  
• Clarifies exactly what space is owned
  
  
• Identifies common elements versus limited common elements

These registered drawings provide legal clarity and are critical when boundary changes are involved.



Final Thoughts for Condo Boards

Amending a condominium declaration is a powerful tool — but only when done correctly. Improperly adopted amendments can create legal exposure, owner disputes, and transactional delays.

An experienced property management company can help the process by:

• Preparing meeting notices, agendas, and documentation
• Tracking board decisions and follow-through
• Managing owner communications and enforcement notices
• Coordinating with legal counsel when formal amendments or legal review are required
• Maintaining proper records and compliance documentation
• Implementing Board-approved policies consistently

At PhillyLiving Management, we help associations navigate governing document amendments with professionalism and precision — protecting both the board and the community.

Contact PhillyLiving Management to discuss how structured management support can strengthen your Board’s effectiveness and reduce operational stress.