HomeMy WebLinkAbout98-2378 CivilCOUNCIL OF WESTWOOD
VILLAGE CONDOMINIUM,
Plaintiff
Vo
WILLIAM R. STONER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 98-2378 CIVIL TERM
IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
BEFORE HESS and OLER, JJ.
ORDER OF COURT
AND NOW, this [~'~day of August, 2000, upon consideration of Plaintiff's Motion
for Summary Judgment, and for the reasons stated in the accompanying opinion, the
motion is granted to the extent that judgment is entered in favor of the Plaintiff and
against the Defendant on the issue of liability, and is otherwise denied.
THE PARTIES are requested to list the matter for trial on the issue of damages if
they are unable to agree upon a damage figure.
BY THE COURT,
David R. Breschi, Esq. :~~/~sley Oler, J__.~,~
SCHUMA~R, WILLIAMS, P.C.
m.O. Boxa8 -- ~ f~d OD
Ha:isburg, PA 17108
Attorney for Plaintiff
William R. Stoner
112 Brian Drive
Enola, PA 17025
Defendant, Pro Se
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COUNCIL OF WESTWOOD
VILLAGE CONDOMINIUM,
Plaintiff
WILLIAM R. STONER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 98-2378 CIVIL TERM .
IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
BEFORE HESS and OLER, JJ.
OPINION and ORDER OF COURT
Oler, J., August ;~', 2000.
In this civil action, a condominium council has sued a condominium owner for
attorney's fees, interest and court costs arising out of the council's attempt to collect
assessments from the Defendant and other condominium owners. For disposition at this
time is a motion for summary judgment filed by the council.
The Plaintiff's motion for summary judgment is based upon the terms of the
Declaration and Code of Regulations of the condominium. The matter was argued on
March 1, 2000.
For the reasons stated in this opinion, Plaintiff's motion for summary judgment
will be granted in part and denied in part.
STATEMENT OF FACTS
For present purposes~ the record in this case consists of Plaintiff's complaint,
Defendant's answer to the complaint, Plaintiff's request for admissions; Defendant's
answer to Plaintiff's request for admissions, and Plaintiff's motion for summary
judgment (with exhibits, including a transcript of a deposition of the Defendant and
copies of the condominium's "Declaration Creating and Establishing Westwood Village
Condominium" and "Code of Regulations of Westwood Village Condominium")?
On a motion for summary judgment, the court must examine the record in the light
most favorable to the nonmoving party; all doubts as to the existence of a material fact
must be resolved against the moving party. Ertel v. Patriot-News Co., 544 Pa. 93, 98,
674 A.2d 1038, 1041 (1996).
Plaintiff is the Council of Westwood Village Condominium (hereinafter the
Council). Westwood Village Condominium was created in 19753 under the provisions of
the the Unit Property Act.4 When the "Uniform Condominium Act" was adopted by
Pennsylvania in 1981, Westwood Village Condominium specifically elected out of the
~ See Pa. R.C.P. 1035.1 (record for purposes of motion for summary judgment).
2 Defendant has filed a "Cross-Motion for Summary Judgment" and a motion for
summary judgment. Neither of these motions is before the court at this time.
3 Plaintiff's complaint, paragraph 3; Defendant's answer, paragraph 3.
4 Plaintiff's motion for summary judgment, paragraph 3.
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new act,5 and therefore remained bound by the Unit Property Act.6 The present action
was commenced on April 28, 1998, by the filing of a complaint.7
In its complaint, the Plaintiff states these undisputed facts:
Westwood Village Condominium is a condominium located in East
Pennsboro Township, Cumberland County, Pennsylvania, that was
created and established on January 29, 1975, pursuant to the Unit
Property Act of Pennsylvania; the Declaration Creating and
Establishing Westwood Village Condominium (hereinafter
"Declaration"),... Code of Regulations of Westwood Village
Condominium (hereinafter "Code of Regulations") ... and the
Declaration Plan of Westwood Village Condominium.8
Plaintiff is the body which manages the business, operations, affairs
and property of Westwood Village Condominium pursuant to the
Unit property Act of Pennsylvania, the Declaration and Code of
Regulations .9
Defendant is the owner of Unit No. 112, Building 4, Block 2, known
as 112 Brian Drive in Westw0od Village Condominium, having
acquired title by deed dated September 7, 1993 .... ~0
Defendant, William R. Stoner, moved into his condominium in September of
1993.11 From 1997 to 1998, the Plaintiff charged the Defendant $69 per month in general
5 Plaintiff's motion for summary judgment, paragraph 27, fn.2.
6 68 Pa. C.S.A. §3102(b), Act of July 2, 1980, P.L. 286.
? See Plaintiff's complaint.
8 Plaintiff's complaint, paragraph 3; Defendant's answer, paragraph 3.
9 Plaintiff's complaint, paragraph 4; Defendant's ansxver, paragraph 4.
~0 Plaintiff's complaint, paragraph 5; Defendant's answer, paragraph 5.
~ Plaintiff's motion for summary judgment, exhibit 4, at 15.
3
assessments and $35 per month in special assessments.~2 From September 1997 through
April 1998, the Defendant failed to pay the general and special assessments.~3 Instead,
Defendant escrowed his monthly assessments.TM He did so on the ground that-he was.'.~tn
"aggrieved unit owner who was denied [his] right to New Business at Council's 1997
Annual Election Meeting ... [and he] escrowed [his] fees until resolution of Council's
Non-compliance ... was remedied.'ds
Under Section 12(b) of the Declaration, the Council's duties included "[t]he
making of Assessments and collection of Common Receipts from Unit Owners for
Common Expenses .... ,,~6 Under Article VII, Section I(C), of the Code of Regulations,
the Council had the power "[t]o adjust or increase the amount of any annual Assessment
for Common Expenses and monthly installments thereof... [and it could collect] special
Assessments for Common Expenses in such amounts as the Council might deem
proper."~7
According to Section 16 of the Declaration, each condominium owner was
personally liable for "all assessments levied by the Council.''~8 If an owner failed to pay
12 Plaintiff's complaint, paragraph 8; Defendant's answer, paragraph 8.
~3 PlaintiWs complaint, paragraph 10; see Defendant's answer, paragraph 16.
~4 Defendant's answer, paragraph 16.
~s Defendant's answer, paragraph 16.
16 Plaintiff's motion for summary judgment, exhibit 6, at 15.
~? Plaintiff's motion for summary judgment, exhibit 7, at 12.
~ PlaintiWs motion for summary judgment, exhibit 6, at 17.
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his or her assessments, the Council was authorized to file suit to collect the assessment.~9
The assessments remained the personal obligation of the owners until they xvere paid with
interest.2° Furthermore, Article VII, Section I, of the Code of Regulationg'pro~ided that
the Council could
collect
delinquent levies or Assessments made by the Council
against any Units and the respective Unit Owners thereof, and
interest thereon, together with such costs and expenses incurred in
connection therewith, including but not limited to filing fees, court
costs and attorneys' fees whether by suit or otherwise .... 2~
The issue of whether the Defendant owes the Plaintiff the money for the initial
assessments is moot because Defendant released all escrowed funds to the Plaintiff on
May 22, 1998.22 A dispute remains, however, as to whether the Defendant is liable for
court costs, interest, and attorney's fees which the Plaintiff allegedly incurred in its effort
to collect the initial assessments from the Defendant and, if so, what amount is properly
due.
DISCUSSION
Pennsylvania Rule of Civil Procedure 103 5.2 provides as follows:
After the relevant pleadings are closed, but within such time as
not to unreasonably delay trial, any party may move for summary
judgment in whole or in part as a matter of law
~9 See id. Defendant concedes this
Defendant's answer, paragraph 17.
20
21
22
in his answer to Plaintiff's complaint. See
See id.
Plaintiff's motion for summary judgment, exhibit 7, at 14 (emphasis added).
Plaintiff's motion for summary judgment, exhibit 8, at 2.
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(1) whenever there is no genuine issue of any material fact as to
a necessary element of the cause of action or defense which could be
established by additional discovery or expert report, or
(2) if, after the completion of discovery relevant to the motion;
including the production of expert reports, an adverse party who ~vill
bear the burden of proof at trial has failed to produce evidence of
facts essential to the cause of action or defense Which in a jury trial
would require the issues to be submitted to a jury.
"[T]he mission of the summary judgment procedure is to pierce the pleadings and
to assess the proof in order to see whether there is a genuine need for trial." Ertel v.
Patriot-News Co., 544 Pa. 93,100, 674 A.2d 1038, 1042 (1996).
"The purpose of [the second provision in the Rule] is obviously to protect a party
against whom an essential allegation cannot be supported with evidence from the burden
of going to trial in order to secure a resolution of the matter." Moritz v. Ghtck, 48
Cumberland L.J. 1, 3 (1998), citing Eaddy v. Hamaty, 694 A.2d 639, 643 (Pa. Super.
1997).
Pennsylvania Rule of Civil Procedure 1035.3(a) provides as follows:
The adverse party may not rest upon the mere allegations or
denials of the pleadings but must file a response within thirty days
after service of the motion identifying
(1) one or more issues of fact arising from evidence in the record
controverting the evidence cited in support of the motion or from a
challenge to the credibility of one or more witnesses testifying in
support of the motion, or
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(2) evidence in the record establishing the facts essential to the
cause of action or defense which the motion cites as not having been
produced.23
The Unit Property Act of 196324 provides that a condominium's "IS~claration '[}is]
the instrument by which the owner of property submits it to the provisions of [the]
act .... ,25 The Unit Property Act provides further that a condominium's Code of
Regulations means "such governing regulations as are adopted pursuant to [the] act for
the regulation and management of the property .... ,26 Finally, "property" is defined in the
act as "the land, the buildings, [and] all improvements ... which have been or are
intended to be submitted to the provisions of [the] act.''27
Section 103 of the Unit Property Act provides that the act applies to owners of real
property who submit to a "duly recorded declaration.''28 The Code of Regulations may
include "[t]he manner of collecting common expenses from unit owners .... ,,29 Further,
23 Pa. R.C.P. 1035.3(a).
24 Condominiums created after January 1981 are governed by the Uniform Condominium
Act (68 Pa. C.S.A. §§3101 et seq., Act of July 2, 1980, P.L. 286, §§3101 et seq.).
Westwood Village Condominium ~vas created in 1975. The Uniform Condominium Act
provides that condominiums created under the Unit Property Act may continue to be
governed by the Unit Property Act if the condominium specifically elects out of the new
act (68 Pa. C.S.A. §§3102(b), Act of July 2, 1980, P.L. 286, §§3102(b)).
Act of July 3, 1963, P.L. 196, §102(6).
26 Act of July 3, 1963, P.L. 196, §102(2).
27 Act of July 3, 1963, P.L. 196, §102(10).
28 Act of July 3, 1963, P.L. 196, §103.
29 Act of July 3, 1963, P.L. 196, {3303(8).
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"[f]ailure to comply with the code of regulations ... shall be grounds for an action for the
recovery of damages ... maintainable by any member of the council .... ,30 Finally, the
Council may assume "[a]ny other duties ~vhich [can be] set forth in the dec!.or~ation..pr
code of regulations."3~
The terms of Defendant's obligation are contained in the Declaration and the Code
of Regulations. From these statutorily authorized documents, it is apparent that the
Plaintiff had a right to charge a monthly assessment fee to each condominium owner.
Each condominium owner was personally obligated to pay this fee to the council. When
Defendant failed to pay the fee, and instead escrowed it, he was in technical violation of
his obligation.
The Declaration provides that, when a condominium owner fails to pay his or her
monthly assessment, the Council has the right to file suit. The Code of Regulations also
authorizes the Council to collect interest on delinquent fees.32 Finally, the Council may
collect "costs and expenses" related to the collection of the fees, "including but not
limited to filing fees, court costs and attorney fees.''33 Therefore, the liability of a unit
owner such as Plaintiff for a reasonable amount for attorney's fees, interest and court
costs for collection of delinquent assessments appears to be clear.
30 Act of July 3, 1963, P.L. 196, §305.
3~ Act of July 3, 1963, P.L. 196, §306(4).
32 Plaintiff's motion for summary judgment, exhibit 6, at 17.
33
See id
However, the amount of attorney's fees, interest and court costs owed by
Defendant in the present case is not a figure which can be said, on the basis of the
existing record, to be undisputed or established beyond reasonable quextion~by the
evidence. Therefore, the following order will be entered:
ORDER OF COURT
AND NOW, this ! y of August, 2000, upon consideration of Plaintiff's Motion
for Summary Judgment, and for the reasons stated in the accompanying opinion, the
motion is granted to the extent that judgment is entered in favor of the Plaintiff and
against the Defendant on the issue of liability, and is otherwise denied.
THE PARTIES are requested to list the matter for trial on the issue of damages if
they are unable to agree upon a damage figure.
BY THE COURT,
s/ J. Wesley Oler, Jr.
J. Wesley Oler, Jr., J.
David R. Breschi, Esq.
SCHUMAKER, WILLIAMS, P.C.
P.O. Box 88
Harrisburg, PA 17108
Attorney for Plaintiff
William R. Stoner
112 Brian Drive
Enola, PA 17025
Defendant, Pro Se
:rc
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