Real estate communities are created and governed by recorded legal documents, and the industry uses several names for the same concepts. In a condominium,...
Two Documents, One Bundle of Rules
Real estate communities are created and governed by recorded legal documents, and the industry uses several names for the same concepts. In a condominium, the master deed (or declaration of condominium) establishes the building and its ownership structure. In a planned community of individually owned homes, the declaration of covenants, conditions, and restrictions, commonly called the CC&Rs, establishes the HOA and its rules. Some communities also call their founding document a master deed.
The names matter less than the content. Your job as a buyer is to obtain and read the documents that actually govern your specific property, whatever they happen to be called in your county's records.
What the Master Deed Does
The master deed is the condominium's creation document. It describes the land and building, defines each unit, defines the common elements and limited common elements, and assigns each unit its percentage interest in the common areas, which is the share that determines your voting weight and your share of assessments.
When you buy a condo, your deed refers to the master deed, and the master deed's legal description is what your lender, title company, and assessor use to identify the property. It is the backbone document of the whole building.
What the Declaration of Covenants Does
The declaration is the rulebook. It sets out the association's powers, the owners' obligations to pay assessments, the purposes for which units and homes may be used, and restrictions on things like rentals, pets, leasing, and alterations. In an HOA community the CC&Rs do the same job for the homes and common grounds, and they bind every owner who buys into the community, sometimes for decades.
The bylaws are a related document: they govern the association itself, covering board elections, meetings, voting, and officers. Together the declaration and bylaws define the operating contract you join when you buy.
Which One Binds You, and Where to Find It
All of these documents bind you the day you close, whether or not you read them. They are recorded with the county where the property sits, and they transfer with the property, which means subsequent owners inherit the same rules and obligations.
Pennsylvania condominiums operate under the state's Uniform Condominium Act, and planned communities under the Uniform Planned Community Act, both of which require certain disclosures and govern how amendments are adopted. Because every community's documents are written differently, have your attorney review the full set: the declaration or master deed, the bylaws, and any rules and regulations adopted by the board, before your review window closes.
Reading the Documents Like a Buyer
Buyers who read their governing documents with a checklist get more value from the hour than buyers who skim them looking for the monthly fee. Start with the table of contents, then read the clauses that will touch your wallet and your daily life.
The ownership and allocation clauses
Confirm the property description, what is common versus yours, and your percentage interest, because that number drives your share of every assessment and your voting weight. Understand what limited common elements mean for things like balconies and parking spaces.
The assessment and reserve clauses
Read how budgets are adopted, what triggers a vote, and what the association can do when reserves fall short. These clauses tell you your exposure to fee increases and special assessments, which is the financial heart of the documents.
The use and restriction clauses
Read the rental, pet, age, and alteration provisions, plus the amendment process, because those clauses define your freedom while you own and your buyer pool when you sell.
The checklist for your attorney
Ask your attorney to confirm the assessment allocation, the association's enforcement powers, any outstanding litigation referenced in the documents, and whether the community is in compliance with Pennsylvania's condominium and planned community statutes. Those four checks catch the clauses that cost buyers real money.
Smarty's Advice Expert Insight
John Smart (Smarty) · Smarty Home Solutions / eXp Realty Agent, AI Certified Agent
Do Not Trust a Summary of the Rules
Get the recorded documents themselves and read the clauses that affect you: fees, rentals, pets, use restrictions, and amendment power. The real estate agent's summary is a starting point, but the recorded documents are what a lender, attorney, and future buyer will hold you to.
I make sure every condo and HOA buyer on my side of the table gets the full document set before committing. Call 215-598-6848 or schedule a free consultation to review yours.
Ask your agent to pull the recorded documents from the county records you are entitled to see long before your attorney review, and ask the association for the current rules separately from the declaration, because boards amend rules more often than declarations. A quick scan of the rental, pet, and assessment clauses takes ten minutes and prevents the biggest surprises.
If a community's documents are disorganized or hard to obtain, treat that as a data point about how the association operates. Organized records and organized boards travel together.