Ct. Rules HOA Failure to Maintain Does Not Justify Homeowner’s Nonpayment of Dues

Commonwealth Court of Pennsylvania decision (January 4, 2017)

This case involved a dispute between a homeowners’ association (“Association”) and husband and wife homeowners (“Homeowners”) over the nonpayment of association dues by Homeowners. The action was precipitated by Homeowners’ failure to pay the dues owed to Association. Homeowners defended the case based on allegations that Association had not maintained the common areas adjacent to Homeowners’ property allowing it to become overgrown with weeds and shrubs, which resulted in Homeowners’ lawn and home becoming infested with ticks and other insects, for which Homeowners incurred treatment expenses. In a counterclaim filed by Homeowners, they maintained that Association’s failure to maintain the common areas constituted a breach of Association’s governing documents which caused damage to Homeowners. Thus, Homeowners sought recovery of their damages, reimbursement of past dues that were paid, and attorney fees and costs. The trial court found in favor of Association and Homeowners appealed.

On review, the appellate court affirmed the lower court’s judgment finding that, as a matter of law, Homeowners were required to pay Association’s assessments regardless of alleged failures on the part of Association to perform its maintenance responsibilities. The court specifically stated that if the Legislature intended to allow homeowners to withhold payment of assessments when they believe the Association is not performing its obligations properly, the Legislature would have explicitly provided for same.

See case decision: Logans’_Reserve_Homeowners’_