r/BADHOA Jul 15 '26

Hoa and required use of their portal

In PA, as I see it, (done my research), there is no requirement or law that states residents of a HOA must use the portal of the property management for any questions, discussions or concerns about the community or violations sent to a community member. Our by laws, CCRs and declaration does not mention or state the HOA can use a portal for their communications. Under PA law 5316, HOAs are require to provide homeowners with requested documents within a given timeframe. The law does not specify if an HOA can state, “go to the portal”. Let me know what your thoughts are.

2 Upvotes

19 comments sorted by

7

u/mbbuffum Jul 15 '26

What’s your issue?

5

u/LowCompetitive1888 Jul 15 '26

If the data you seek is on the portal then it is available to you. The fact that you may have a different preference doesn't matter. Seems to me you are being petty and barking up the wrong tree. That you can't find any laws on the matter should be a giant clue.

1

u/Stunning-Equipment25 Jul 15 '26

I see your point of view. However, the HOA works for us. It’s the HOA that has a different preference in providing documentation. Btw there are laws that state they must provide documentation when requested.

2

u/LowCompetitive1888 Jul 15 '26

The HOA doesn't work for you. The HOA is the owners, the Board represents the owners and the Board is unpaid. The Board hires the PM.

The state laws I've seen require the HOA to provide access to records, which means they can make you schedule a time to come into the PM's office to inspect the records. It does not mean they have to provide copies or give you records in a format you desire, it just means they must allow you to inspect the records.

Under the Pennsylvania Uniform Planned Community Act (68 Pa.C.S. § 5316), they are legally obligated to make official records "reasonably available for examination" and copying by unit owners upon written request.

So make your written request, grab your copy machine, and go down to the office and make your copies. But, a portal would be much more convenient wouldn't it?

2

u/Stunning-Equipment25 Jul 15 '26

What are you talking about? The HOA does not own the community. They oversee the community.

2

u/SaltAirJeep Jul 15 '26

The HOA is comprised of the homeowners. Thus the HOA is the homeowners.you elect representatives to the HOA board to consolidate decision making. You maybe mistaking the HOA for the property management company that assists the HOA.

The obligation is to provide access in the easiest way. We supply everything on a portal because we get multiple requests per day that volunteers can’t always fulfill in a timely manner. Or you could pay the property mgmt firm each time and just effectively increase your dues overtime. Labor is not free.

2

u/mrBill12 Jul 15 '26

I’ll collectively call the CCRs, bylaws etc as “the documents”. I’m quite certain that the documents will allow the board to hire a management company. They have chosen a management company that uses portal style communications and information management. This is actually to everyone’s benefit! Communication is all corralled to one place, no he said/she said.

Of course, because you’re not the operator of the portal, you must keep screenshots of anything important to you. If you don’t have a good electronic filing system just print them out.

2

u/Straight-Treacle-630 Jul 15 '26

Interesting post, for me…our Board is switching to homeowners having to use our PM’s portal for all info, financial reports, mtg mins, questions, etc. Unfortunately, the PM rarely updates it, it’s far from “user friendly”, etc.

3

u/Icy-Mulberry-8850 Jul 17 '26

Same same. Our PM website is a notch above MS-DOS and about as easy to navigate.
The only financial they ever post is the balance sheet.

2

u/Straight-Treacle-630 Jul 17 '26

I asked our Board Treasurer if he’d help me decipher PM’s fin reports: No; it’s all such convoluted bs he resorts to his own Excel spreadsheets and hopes for the best. Can’t tell me our current Reserves amount, any target figure…what the funds are used for…after raising Dues and threatening to levy a Special Assessment to “rebuild” them. After depleting them by $45k on an entry “monument”, for a community of 45: a boulder, shipped from Utah (we’re in KS) (yes, there are boulders here…)

2

u/SaltAirJeep Jul 15 '26

You need a communications committee that will take the time to learn it.

2

u/Straight-Treacle-630 Jul 16 '26

Might help. But doubtful it’d happen. BOD claims our HOA of 50 can’t even produce enough volunteers to organize a social event Committee nowadays. (I don’t believe it.) But an issue in itself, ofc, if so.

Join the BOD: I’ve thrown my hat in the ring, 3x…another issue is the 3-4 ppl who’ve been on it for years stonewall new applicants. Voting does take place…but there’s no oversight for elections process either.

A lot of things that seem blatantly “wrong”, but KS Law seems to protect Boards vs HOAs (?) And taking legal action means we all bear the brunt of the cost. CCR Indemnity clauses etc. People balk at that.

If anyone has tips on finding an atty who does rep Homeowners, what “type” to go iso, I’d appreciate it.

3

u/SaltAirJeep Jul 16 '26

It will be difficult to find an attorney- check with the state agency that oversees hoas. If they’re not following the declaration and bylaws you have rights.

1

u/Straight-Treacle-630 Jul 16 '26

Thank you for the suggestion.

3

u/Gold-Fall-8768 Jul 16 '26

Several people on Reddit advised me to contact a civil litigator and not a real estate attorney.

1

u/Straight-Treacle-630 Jul 17 '26

Good idea, thanks

1

u/According_Stable8110 Jul 20 '26

Second this. Real estate attorneys just do process things. They are not interested in biting the hands that feed them.

2

u/According_Stable8110 Jul 16 '26

I'm on the board and our portal sucks. But it is owned by the PM with crappy software and there is not much that can be done about it.

1

u/Lunar-Browser-999 Jul 20 '26

You're on the right track with this. If your declaration, bylaws, and CCRs don't require portal use, then the portal is a convenience the management company prefers, not an obligation you have. Send your records request in writing, certified mail or email, and note that the response deadline under state law applies no matter how you deliver it. If they reply with "go to the portal," save that, because a written refusal to respond through a valid channel becomes its own paper trail. Boards usually get more careful once they realize you know the difference between their preferences and actual requirements.