Wild Acres Lakes Property & Homeowners Ass'n v. Coroneos

33 Pa. D. & C.4th 450, 1996 Pa. Dist. & Cnty. Dec. LEXIS 187
CourtPennsylvania Court of Common Pleas, Pike County
DecidedApril 16, 1996
Docketno. 1449-1993 Civil
StatusPublished

This text of 33 Pa. D. & C.4th 450 (Wild Acres Lakes Property & Homeowners Ass'n v. Coroneos) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Pike County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wild Acres Lakes Property & Homeowners Ass'n v. Coroneos, 33 Pa. D. & C.4th 450, 1996 Pa. Dist. & Cnty. Dec. LEXIS 187 (Pa. Super. Ct. 1996).

Opinion

THOMSON, P.J.,

This case is before the court after a non-jury trial. On the date set for [452]*452the non-jury trial, the parties offered exhibits into evidence and agreed to brief the matter. Trial briefs have been submitted and the matter is ripe for adjudication.

FACTS

Wild Acres Lakes Property and Homeowners Association Inc., is a nonprofit corporation organized under the laws of Pennsylvania. The Association consists of an affiliation of property owners in a private development known as Wild Acres, located in Delaware Township, Pike County, Pennsylvania.

The defendants Christopher Coroneos and Dimitra Coroneos, husband and wife, own land in Wild Acres. As homeowners, defendants are members of the Association and are bound by the Association’s bylaws. On February 25,1980, defendant Christopher Coroneos purchased lots 32 and 33, block W-1403 in Wild Acres. The deed noted that since lot 33 was unbuildable, it was “not... subject to the obligation to pay the annual lien and charge for club dues imposed on said lot pursuant to the restrictive covenants set forth in the contract and deed.” (emphasis added)

On November 21, 1989, defendants purchased lots 30 and 31, block W-1403 in Wild Acres. These lots, along with lot 32, were subject to all the restrictive covenants mentioned in the deeds. However, the defendants were informed by an Association official that an assessment of dues on each lot could be avoided by the combination of all of the defendants’ lots.

On August 20, 1990, defendants obtained approval from the Dingman Township Board of Supervisors to join the four separate lots into a single lot. On August 21, 1990, defendants conveyed to themselves a deed describing the four lots as a single lot.

The Association continued to invoice the defendants for dues and assessments on three lots. The three separate lots being lots 32 and 33, which are considered as [453]*453one, and lots 30 and 31. The defendants refused to pay the invoices. On December 10, 1993, the Association filed a complaint seeking recovery of the alleged delinquent fees. On March 22, 1995, we ordered that this matter be heard before an arbitration board. The arbitrators ruled in favor of the Association. On November 8, 1995, defendants appealed to this court.

DISCUSSION

On two recent occasions we have faced the issue of whether a homeowner in a private development who combines multiple lots into one must continue to pay dues and assessments on all of the original lots. See Fawn Lake Forest Association Inc. v. Tussel, 24 D.&C.4th 70 (1995); Pocono Woodland Lakes Property Owners Association Inc. v. Ochtera, no. 515-1993-Civil, slip op. (Thomson, P.J., February 15, 1996). As noted in Ochtera, these types of cases require a case-by-case analysis of the relevant documents. Slip op. at 3.

The defendants’ argument is two-fold. First, defendants refer to article 10(N) of the Association’s bylaws which defines “owner.” Under article 10(N), an owner is defined as “the grantee in the last deed in the chain, of title of the contract vendee . . ., holding any lot situated upon the properties. ...” Defendants argue that their deed to themselves reconveying the four lots as one lot is the last deed in the chain of title and, therefore, there is only one lot. Secondly, defendants argue that they detrimentally relied upon the statement of the Association official that a combination of their lots would result in a reduction of fees. We reject defendants’ arguments.

Analysis of the Relevant Documents

“Purchasers of land in private residential developments have a duty to pay a proportionate share of the [454]*454fees and assessments levied by associations to support various community services.” Pocono Ranchlands, slip op. at 3, citing Meadow Run & Mountain Lake v. Berkel, 409 Pa. Super. 637, 640, 598 A.2d 1024, 1026 (1991), alloc. denied, 530 Pa. 666, 610 A.2d 46 (1992) and Holiday Pocono Civic Association Inc. v. Benick, 1 D.&C.3d 378 (1978); see also, Fawn Lake, supra at 78.

Defendants are members of the Association and subject to its bylaws. Section 2.1 of the bylaws, entitled “lot ownership,” states that “[a]ll persons who are owners of lots located in Wild Acres Lakes, as described on maps, plats and other documents as recorded in the Office of the Recorder of Deeds of Pike County, Pennsylvania, shall be members of the Association.” (emphasis added)

The covenants at issue in this matter provide, in pertinent part, as follows:

“Each lot owner agrees to pay Wild Acres Country Club Inc., a Pennsylvania corporation, commencing on the first day of May of the calendar year of his date of purchase and/or contracting for the purchase of said lot, and on the first day of May each year thereafter, the sum of at least $100 for each lot. Such charge is intended to cover the expense of maintaining, protecting and operating the recreational facilities and the roads of Wild Acres.” See paragraph 13.a. of the restrictive covenants, (emphasis added)

Paragraph 13.b. discusses charges for maintaining the beach and recreational areas. This paragraph states, in pertinent part: “the annual charge made for beach privileges shall constitute a lien against each lot as hereinbefore stated, and in the event that the lot owner shall fail to pay said annual charge within 60 days of the first day of May of each and every year, the lot owner herewith for himself, his heirs and assigns hereby authorizes and empowers any attorney of any [455]*455court of record to appear for and confess judgment against the lot owner, his heirs and assigns, for the amount due. . .

Deed provisions which require the payment of fees but do not restrict or regulate a lot owner’s property are non-restrictive covenants. Fawn Lake, supra at 74, citing Birchwood Lakes Community Association v. Comis, 296 Pa. Super. 77, 83, 442 A.2d 304, 307 (1982). Since paragraphs 13.a. and 13.b. are similar to the provisions in Fawn Lake and Birchwood Lakes in that they require the payment of fees but do not otherwise regulate a lot owner’s property, we apply the rules of construction for non-restrictive covenants.

None of the relevant documents express the fees due when a lot owner combines multiple lots into one. The Birchwood Lakes court stated, “the rule is that if an agreement is not clearly expressed, an effort is made by the court interpreting the language to give effect to the intention of the parties as expressed at the time. ‘Where the language of a deed or a restriction is not clear, then in order to ascertain the intention of the parties its language should be interpreted in the light of the subject matter, the apparent object or purpose of the parties, and the conditions existing when it was made.’ ” Id. at 83-84, 442 A.2d at 307, citing Leh v. Burke, 231 Pa. Super. 98, 104, 331 A.2d 755, 759 (1974), quoting Parker v. Hough, 420 Pa.

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LEH v. BURKE
331 A.2d 755 (Superior Court of Pennsylvania, 1974)
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Jennings v. Pittsburgh Mercantile Co.
202 A.2d 51 (Supreme Court of Pennsylvania, 1964)
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Bluebook (online)
33 Pa. D. & C.4th 450, 1996 Pa. Dist. & Cnty. Dec. LEXIS 187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wild-acres-lakes-property-homeowners-assn-v-coroneos-pactcomplpike-1996.