The Pennsylvania Commonwealth Court recently issued a reported decision in River Park House Owner’s Association (“River Park”) v. Crumley, No. 1105 C.D. 2011. The court reviewed whether River Park could assess cable television fees as a common fee within the Pennsylvania Uniform Condominium Act (the “Act”) and the Association By-Laws against each owner. River Park had secured a significant rebate in the overall cable television fees based upon the number of units involved and had negotiated the bulk services contract directly with the cable television provider.
The previous, expiring cable television contract did not require all residents to purchase cable. Council for River Park entered a new contract that required all residents to purchase cable. The initial defendant, owner William Crumley (“Crumley”), refused to pay the added unit owner monthly fee and River Park sued Crumley for unpaid assessments, late fees, and legal fees.