Synopsis:

Planned communities are governed by an Association charged with administering recorded governing documents that specify a unit owner’s rights and responsibilities as well as the Association’s responsibilities, specifically regarding common areas.

In this case, at a planned community in Bucks County, the stucco exterior facades of the units fell under a common element of the Association, and therefore, the maintenance of which was to be handled by the Association and assessed equally to all units. Instead, this Association Board was attempting to apportion the stucco repair costs so that some members paid more, and some paid less, based on unit size. Clients needed assistance with enforcing the Association’s recorded governing documents, which the Board was violating.

Challenge:

Until resolved, the necessary exterior stucco repair and replacement could not begin, leaving potential for more deterioration at ultimately greater costs. Additionally, there was an imposition of a special assessment for each unit.

Strategy/Solution:

The governing documents of the Association specifically stated that expenses relating to the maintenance, repair and replacement of the stucco facades were to be assessed equally to all unit owners. We filed a Complaint, along with an Emergency Petition for Injunctive Relief, due to the timing for the imposition of the special assessment, which was imminent.

Results:

An Emergency Hearing was held as to the Petition for Injunctive Relief, and at the conclusion of the hearing, the Judge issued an Order that the governing documents be followed: the cost to replace the stucco façade was to be assessed equally to all unit owners of the Association. After the Emergency Hearing, through settlement, the clients were also reimbursed for their legal fees.