HomeMy WebLinkAbout98-02383
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IImonded; the Code of Regulations of Westwood Village Condominium (hereinllt\el' "Code of
Regulations"), which is I'ecordcd in Miscellaneous Book 213, PlIge 328 IInd thereafter as amended;
IInd the Declal'Ution Plan of Westwood VilllIge Condominium dllted January 29, 1975, and recorded
in Plan Book 26, PlIge 13 and thereafter as amended,
4, Plaintiff is the body whieh manages the business, operations, affairs and propcl'ty of
Westwood Village Condominium pursuant to the Unit Property Aet of Pennsylvania, the
Declaration, and Codc of Regulations,
5, Defendant is thc owner of Unit No, 228, Building 10, Block 5, known as 228 Brian
Drive, in Westwood Villagc Condominium, having acquired title by deed dated June 6, 1991, and
recorded in the Office of the Recorder of Decds ofCumberlllnd County in Deed Book 35-1', Page
694. together with a proportionate undivided interest in the common clements, as defined by the
Declaration 01'0,657%,
6. Plainti 1'1' hilS the duty under Section 12 of the Declurationund under Article VII of
the Code of Regulations to maintuin, repair and replacc the common clements as defined in the
Declaration and to make and collect assessments from the unit owners for the payment of common
expenses as dcfined in the Declaration,
7, Section 16A and B of the Declaration and Sections 702 and 703 of the Act provide
that assessments against uny unit owner arc churgeable to tbat unit owner and shall constitute the
personal liability of the unit owner, These sections III so state that the assessments may be enforced
by suit by Council acting on behalf of the unit owners and shall be listed by the Prothonotary as a
tis pendens,
2
8, For the yellrs 1997 and 1998, pursuant to Article VII, Section I B of the Code of
Regulations, Plaintiff assessed the Defendant an anmllll general assessment in the U1110unt 01'$78 per
month consistent with th(l Defendant's respective undivided common interest in the common
clements as set forth in the Declaration,
9, During the years of 1997 and 1998, Plaintiffisslled special assessments in the amount
of $40 per month to the Defcndllnt for incrcased operating rrlUintenanee and/or additional capital
expenses pursuant to Article VII, Section 1 C of the Codc of Regullltions,
10, The general lInd speeilll monthly asscssments levied by Plaintiff against the
condominium unit owned by Defendant at 228 Brian Drive went unpaid from October, 1997 through
April, 1998, A copy of a statement of account for the period of October, 1997 through April I,
1998, is attached hereto and marked as Exhibit "A,"
11, The Defendant has failed to make the payments liS shown on Exhibit "A", leaving a
balance due and owing as of April I, 199801'$946,99,
12, Pursuant to Article VII, Section 1.1. of the Code of Regulations, Plaintiff is
empowered to collect delinquent assessments against unit owners together with interest, eosts, filing
fees and attorney fees,
13, Plaintiff has or will incur attorney fees in connection with this action for which
Defendant is liable,
14, Interest has accrued on the amount owing by Defendant to Plaintiff at the legal tate
of six pcrcent (6%) pel' annum and will continue to accrue,
15, All conditions precedent to Dcfendant's liability have been satisfied,
3
Pennie Cavanaush
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Date Char,e Amount Total
October, 1997 Monthly AssesSl1ll'nt 78,00 78,00
Octobcr, 1997 Spccl.\1 Asscssment 40,00 118,00
Novcmber, 1997 Intcrcst ,59 l1S,59
Novcmbcr, 1997 Monthly Asscssmcnt 78,00 196,59
1-.
November, 1997 Special Asscssmcnt 40,00 236,59
Dccember, 1997 Interest 1.18 237.77
-
December, 1997 Monthly Assessmcnt 78,00 315.77
-
December, 1997 Specinl Asscssment 40,00 355.77
January, 1998 Interest 1.78 357,55
-----
Jnnuary, 1998 Monthly Assessment 78,00 435,55
Jnnunry, 1998 Specinl Assessment 40.00 475.55
February, 1998 Interest 2,38 477,93
February, 1998 Monthly Assessmcnt 78,00 555,93
February, 1998 Specinl Assessment 40,00 595,93
March, 1998 Intercst 2,98 598.91
March,1998 Monthly Asscssmcnt 78,00 676,91
-
March,1998 Special Assessment 40,00 716,91
April,1998 Intorcst 3.58 720.49
April, 1998 Monthly Assessment 78,00 798.49
April,1998 Specinl Assessment 40,00 838.49
April, 1998 Legnl Fccs/Expenses 108,50 946,99
Totnl Amount Due $946,99
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