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How HOAs Can Avoid Lawsuits

Posted on July 3, 2019 by bwadmin

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HOAs are common with planned neighborhoods

Homeowners associations (abbreviated HOAs) and planned communities have become increasingly popular in the past few years.

In Pennsylvania, HOA laws fall under the state’s Uniform Planned Community Act. HOAs are created by a declaration, with unit owners automatically becoming members of the association.

With the declaration comes bylaws, which control the governance of the HOA, the duties of the board and the operation and management of the association.

But with that popularity came a growing number of complex legal disputes. Issues related to PA HOA laws tend to go beyond the challenges of standard real estate law.

HOA Leader, a website that bills itself as “the practical guide to homeowner association management,” says these are the most common claims made against HOAs.

Homeowners and Condo Associations Require Legal Representation

Posted on July 11, 2014 by bwadmin

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The legal needs of a homeowners association (HOA), condominium association, or other planned residential corporations are generally different than those of others involved in property law. The challenges and complexities of these legal cases often go beyond those of traditional real estate or landlord tenant litigation. When these occur, it is wise to turn to a real estate attorney who has experience with HOAs and their governing documents.

The rapid increase in the number of Americans’ living in a community governed by a homeowners association has meant a concomitant rise in the number of legal disputes. These legal disputes come in a variety of types and it is important to be prepared. Of course the first step to preparation is to have a set of solid, legally reviewed, and valid founding documents for your association. Ensuring that your covenants, conditions, and restrictions and all bylaws are legally valid and as focused and specific as possible is an important part of responsible association management. It also lessens the likelihood of legal dispute and makes enforcement easier.

Case Study: Implied Warranty of Habitability

Posted on December 11, 2012 by bwadmin

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In a case of first impression, the Superior Court of Pennsylvania in Conway v. Cutler Group, Inc., held that the implied warranty of habitability applies to a second or subsequent purchaser of a home. The Superior Court decision will allow the homeowners to proceed with their lawsuit against The David Cutler Group, Inc. in their claims that Cutler failed to properly install stucco on the home.

In Conway, a case which originated in the Bucks County Court of Common Pleas, the property owners who were the second owners discovered that water was infiltrating their home. Following an inspection, it was discovered that defects along the roof eave and wall junctures were improperly flashed. There was insufficient seal around expansion joints, a lack of expansion or control joints, and other defects relative to the stucco installation. The inspector recommended that the entire house be stripped of its stucco and replaced.

HOA Laws: Pennsylvania Commonwealth Court Real Estate Representation

Posted on July 16, 2012 by bwadmin

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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.