Guide 2 of 12
The Pennsylvania resale certificate and your five-day window
References checked Oct 4, 2026.
Short answer: When you buy a resale home in a Pennsylvania planned community or condominium, the seller must give you the association's documents and a resale certificate. You may cancel the contract until you receive the certificate and for five days after, or until closing, whichever comes first.12
Which law, which homes
The planned community rule is 68 Pa.C.S. § 5407. The condominium rule is § 3407, and it is built the same way.12 A lake home in a community with an association may fall under either one. Your attorney can tell you which law applies to the home you want.
Older communities are covered too. Section 5102(b) says § 5407 applies to planned communities created before the law took effect, but only for events and circumstances after its effective date.3
What the seller must hand you
For a planned community resale by an owner other than the developer (the "declarant"), the seller must give the buyer, before the contract is signed or otherwise before closing, a copy of the declaration (other than the plats and plans), the bylaws, the rules or regulations of the association, and a certificate with 17 statements.1
The 17 items, in plain English
| # | What the certificate states | Why a lake buyer cares |
|---|---|---|
| 1 | Any right of first refusal or other limit on selling the home | Can affect resale later |
| 2 | The monthly assessment, plus any unpaid or special assessment the seller owes now, and any surplus credit | Shows what you will pay and what is due |
| 3 | Any other fees owners pay | Boat, dock, beach or guest fees may show up here |
| 4 | Capital spending the association proposes this year and the next two | Dam, spillway, dredging or road projects |
| 5 | Reserves for capital spending, and any part set aside for a specific project | Whether big projects are already funded |
| 6 | The latest balance sheet and income and expense statement | The association's money picture |
| 7 | The current operating budget | What lake and dam upkeep costs each year |
| 8 | Judgments against the association and pending lawsuits | Costs that may become assessments |
| 9 | Insurance the association carries for owners | What is and isn't covered |
| 10 | Whether the board knows of changes to this home or its limited common elements that break the declaration | Problems you would inherit |
| 11 | Whether the board knows of violations of government requirements or hazardous conditions affecting the home or the community | Dam or permit problems may appear here |
| 12 | The remaining term of any lease that affects the community | Leased land or facilities |
| 13 | Whether the declaration allows cumulative or class voting | How decisions are made |
| 14 | Whether a vote to end the community is pending | Rare, but important |
| 15 | Whether the community is, or could become, part of a master association | Another layer of rules and fees |
| 16 | Which homes, if any, may be time-shares, and how many | Changes who uses the lake |
| 17 | Whether the developer kept a right to merge or consolidate the community | Rules could change |
The wording above is our summary. The statute's exact words are on the source page.1
The deadlines
- Ten days for the association. The association must furnish the certificate and documents within ten days after the seller asks.1
- Your five days. The contract is voidable by the buyer until the certificate has been provided and for five days after, or until conveyance, whichever first occurs.1
- A cap on surprises. A buyer is not liable for any unpaid assessment or fee greater than the amount set out in the association's certificate.1
Condominiums work the same way: ten days for the association and the same five-day right to void.2
A calendar tip
The day the certificate arrives, write down three dates: the date you received it, the end of your five-day window, and your closing date. Ask your attorney how the days are counted and how to give notice if you decide to cancel. Do not wait for the last day to start reading.
What to read first, for a lake home
- Items 4 and 5 together. Is there a dam, spillway or dredging project on the list? Is money set aside for it?
- Item 2. Is a special assessment already due?
- Items 6 and 7. How much of the budget goes to the lake and dam each year?
- Item 11. Does the board report any violation of government requirements or any hazardous condition?
- The rules handed over with the certificate: boats, motors, docks, guests and rentals.
If an item raises a question, ask in writing before your five days run out. Our guide to private dams explains why dam costs matter so much.
Condo buyers: two documents, two jobs
For a condominium unit, the seller's disclosure statement covers only the seller's own unit, and § 3407 controls what the seller must disclose about the common elements.4 So for the lake, beach and docks, look to the resale certificate and the association's documents, not the seller's form.
What the certificate won't tell you
The certificate is about the association. It won't test the home's well, inspect its septic system or tell you the flood zone, and it isn't the dam's inspection record. For the dam, the National Inventory of Dams has fields for each dam's hazard potential, owner type and last reported inspection.5 Flood maps are on FEMA's Flood Map Service Center.6 The well, septic and flood questions have their own guides here.
FAQ
- Does every lake community have to give a resale certificate?
- The duty applies to resales in planned communities and condominiums covered by the Pennsylvania laws above, including older communities for events after the planned community law took effect.3 Ask your attorney whether the community you are buying into is covered.
- When does the five-day clock start?
- The contract is voidable until the certificate has been provided and for five days after, or until closing, whichever first occurs.1 Ask your attorney how to count the days and how to give notice.
- What if the certificate shows a big special assessment?
- It tells you what is due now and what is planned. Ask who pays an assessment that comes due before closing, and ask about planned projects under item 4.
- Is a condo different?
- The condo rule (§ 3407) has the same ten-day and five-day structure.2
Lakes where this comes up
- Arrowhead LakeMonroe County
- Gold Key LakePike County
- Big Bass LakeLackawanna County
- Lake LatonkaMercer County
- Deer LakeFayette County
- Indian Mountain LakeMonroe County
Want the answers organized? The Lake Home Due-Diligence Kit turns these into worksheets, scripts and a closing timeline. $19, includes one Lake Dossier.
