Farms Country Club Ass'n v. Lewandowski

47 Pa. D. & C.5th 300
CourtPennsylvania Court of Common Pleas, Monroe County
DecidedMay 6, 2015
DocketNo. 8695 CIVIL 2012
StatusPublished

This text of 47 Pa. D. & C.5th 300 (Farms Country Club Ass'n v. Lewandowski) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Monroe County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Farms Country Club Ass'n v. Lewandowski, 47 Pa. D. & C.5th 300 (Pa. Super. Ct. 2015).

Opinion

WILLIAMSON, J.,

This matter comes before us on a motion for summary judgment filed by Pocono Farms Country Club Association, Inc. (hereafter “plaintiff’) on December 17, 2013. Plaintiff filed the underlying complaint against Raddslaw Lewandowski (hereafter “defendant”) on October 12, 2012. Defendant filed an answer to plaintiff’s complaint on December 11, 2012. Defendant filed a second answer to plaintiff’s complaint on November 5, 2013.

Background

Plaintiff is a non-profit corporation which maintains and administers the common facilities in the Pocono [302]*302Farms Country Club Subdivision. On November 9, 2004, defendant became the owner of Lot P5835, 5385 Salamance Lane, in the Pocono Farms County Club Subdivision.

Plaintiff’s bylaws and the implied covenants of the title to defendant’s lot require that defendant pay his ratable share of costs for the provision of services for the maintenance, operation, and preservation of the common areas of Pocono Farms Country Club. Plaintiff alleges that defendant has breached this covenant and has unpaid dues totaling fifteen thousand three hundred dollars and thirty-six cents ($15,300.36). This includes three thousand five hundred twenty one dollars and two cents ($3,521.02) in attorney’s fees and costs related to collecting these unpaid dues from defendant. Defendant contests the reasonableness of the charges.

Argument

Summary judgment may be granted pursuant to Pennsylvania Rule of Civil Procedure 1035.2 where there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Thompson Coal Co. v. Pike Coal Co., 412 A.2d 466, 468-69 (Pa. 1979). Summary judgment is properly entered where the pleadings, depositions, answers to interrogatories, and admissions, together with affidavits, demonstrate that no genuine, triable issue of fact exists and that the moving party is entitled to judgment as a matter of law. Pa. R.C.P. 1035(b); Cosmas v. Bloomingdales Bros., Inc., 660 A.2d 83, 85 (Pa. Super. 1995).

Summary judgment may be granted only in cases where the right is clear and free from doubt. Musser v. Vilsmeier Auction Co., Inc., 562 A.2d 279, 280 (Pa. 1989). The court [303]*303must examine the record in the light most favorable to the non-moving party and resolve all doubts against the moving party. Davis v. Pennzoil Co., 264 A.2d 597 (Pa. 1970). Moreover,, the burden is on the moving party to prove that no genuine issue of material fact exists. Long v. Yingling, 700 A.2d 508, 512 (Pa. Super. 1997). All doubts as to the existence of a genuine issue of material fact must be resolved against the moving party. Thompson, 412 A.2d at 469.

In response, the non-moving party may not rest upon the pleadings, but must set forth specific facts demonstrating a genuine issue for trial. Phaff v. Gerner, 303 A.2d 826 (Pa. 1973). The court may also accept as true all well-pled facts contained in the non-moving party’s pleadings. Mattia v. Employment Mut. Cos., 440 A.2d 616 (Pa. Super. 1982); Ritmanich v. Jonnel Enters, Inc., 280 A.2d 570 (Pa. Super. 1971). A general denial is unacceptable and deemed an admission where it is clear that the non-moving party has adequate knowledge and that the means of information are within the control of the non-moving party. Elia v. Olszewski, 84 A.2d 1889 (Pa. 1951).

Under the Uniform Planned Community Act (U.P.C. A.), a unit owners’ association may adopt and amend budgets for revenues, expenditures and reserves and collect assessments for common expenses from unit owners. 68 Pa. C.S.A. § 5302 (2). A unit owners’ association may also impose and receive payments, fees or charges for the use, except as limited by other provisions of this subpart, rental or operation of the common elements other than the limited common elements described in § 5202 (2) and (3) (relating to unit boundaries). 68 Pa. C.S.A. § 5302 (10). Further, a unit owners’ association may impose charges for late payment of assessments and, after notice and an [304]*304opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws and rules and regulations of the association. 68 Pa. C.S.A. § 5302 (11).

Pursuant to 68 Pa. C.S.A. § 5302, a unit owners’ association has the authority to impose and collect dues from an owner of a unit in that subdivision. Here, plaintiff is an incorporated unit owners’ association for Pocono Farms Country Club and defendant is the owner of Lot P5835 in Pocono Farms Country Club. These facts have not been disputed by defendant in any pleadings. Thus, plaintiff has the authority to impose and collect dues from defendant.

The applicable case law also supports plaintiff’s claims herein. Landowners, as beneficial users of common areas of development, are responsible for costs of maintenance of facilities. Meadow Run & Mountain Lake Park Ass ’n v. Berkel, 598 A.2d 1024 (1991). Absent express agreement prohibiting assessments, when an association of property owners in a private development is referred to in the chain of title and has authority to regulate each property owner’s use of common facilities, inherent in that authority is the ability to impose reasonable assessments on property owners to fund maintenance of facilities. Id.

As in Meadow Run, there is no express agreement in this case prohibiting assessments and there is a covenant to pay dues to an association of property owners in the deed. In plaintiff’s brief in support of their motion for summary judgment, they reference covenants attached to defendant’s deed. Covenant Number 16 states that:

An association of property owners is to be formed and designated by such name as may be deemed appropriate and when formed, the owner of the premises hereby [305]*305conveyed, covenants and agrees that he, his heirs and assigns, shall be subject for the payment of annual dues and assessments in compliance with by-laws, rules and regulations to be promulgated.

Pi’s. mot. for summ. j.

That covenant attached to defendant’s deed clearly expresses that there is to be an association of property owners and that the owner of the premises will be subject to dues and assessments in compliance with the bylaws of the association. The bylaws state that the association’s board of directors shall “establish and enforce rules and rates for community services...and establish any special assessment, the annual common expense assessments, fines and other charges. Pi’s. mot. for summ. j.; complaint Exh.

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Related

MEADOW RUN & MOUNTAIN LAKE PARK ASSOCIATION v. Berkel
598 A.2d 1024 (Superior Court of Pennsylvania, 1991)
Thompson Coal Co. v. Pike Coal Co.
412 A.2d 466 (Supreme Court of Pennsylvania, 1979)
Musser v. Vilsmeier Auction Co., Inc.
562 A.2d 279 (Supreme Court of Pennsylvania, 1989)
RITMANICH v. JONNEL ENTER., INC.
280 A.2d 570 (Superior Court of Pennsylvania, 1971)
Phaff v. Gerner
303 A.2d 826 (Supreme Court of Pennsylvania, 1973)
Mattia v. Employers Mutual Companies
440 A.2d 616 (Superior Court of Pennsylvania, 1982)
Cosmas v. Bloomingdales Bros., Inc.
660 A.2d 83 (Superior Court of Pennsylvania, 1995)
Long v. Yingling
700 A.2d 508 (Superior Court of Pennsylvania, 1997)
Davis v. Pennzoil Co.
264 A.2d 597 (Supreme Court of Pennsylvania, 1970)

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Bluebook (online)
47 Pa. D. & C.5th 300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farms-country-club-assn-v-lewandowski-pactcomplmonroe-2015.