by Charles A. Rausch, Esquire
If you live in a planned community make sure to pay your monthly dues even if you are fighting with the Association over how it is maintaining the common areas. The McCabes learned that lesson the hard way in Logans’ Reserve v. McCabe, 829 C.D. 2016 (Pa. Commonwealth Court, decided January 4, 2017). In this case, the McCabes bought into Logans’ Reserve, a planned community with open space owned by the Association. The McCabes stopped paying their monthly assessment because they were unhappy about the way the Association was maintaining the common area behind their unit. The Association sued the McCabes for the delinquent assessment, costs and attorney’s fees. The McCabes filed a counterclaim for their expenses in getting rid of insects and for attorney’s fees. The trial court relied on the Declaration and the Uniform Planned Community Act to hold that assessments cannot be withheld if an owner is unhappy with the way the Association is maintaining common areas, The Commonwealth Court affirmed the trial court because there is nothing in the Uniform Planned Community Act that allows a unit owner to withhold an assessment payment because the unit owner does not like the way the Association is running things. The unit owner should have gone to the Association board to address the maintenance issues.