A recent case decided by the District of Columbia Court of Appeals has sent shockwaves through the Mortgage Lending Industry and given hope to Condominium Associations and Homeowners Associations at the same time. The issue in Chase Plaza Condominium Association, Inc. v. JP Morgan Chase Bank, N.A., concerned the statutory “super-priority” lien established in the… Continue Reading
The United States Fair Housing Act makes it unlawful for a residential common interest community to discriminate in the terms, conditions or privileges of the sale or rental of housing, or in the provision of services in connection with a dwelling, because of race, familial status, gender, religion or disability.
In Pennsylvania, common interest community associations are creatures of both real estate law and state statutes. A condominium’s enforcement authority is rooted in restrictions that both run with the land and are recorded as restrictive covenants with the deed clerk of the county where the common interest community is located. The primary statute for condominiums within Pennsylvania is the Uniform Condominium Act (68 Pa.C.S. § 3101 et seq).
While many Pennsylvania common interest community associations are quick to take legal action to collect unpaid monthly maintenance fees, special assessments, late fees, and other condo fees, many condominium associations do not realize or do not take advantage of their ability to collect interest on unpaid condominium common assessments.
In late November, Pennsylvania House Bill 2172 became law. As a result of this new law, and effective January 22, 2011, the jurisdictional limit of Pennsylvania’s magisterial district courts was increased from $8,000 to $12,000 in civil cases. Also as a result of this new law, effective January 22, 2011, the Philadelphia’s Municipal Court jurisdictional limit was increased from $10,000 to $12,000. Interest and costs are not to be calculated when considering the jurisdictional limits.
A. Christopher Florio, Shareholder and Co-Chair of Stark & Stark’s Community Associations group, presented a seminar entitled Legal Issues in Age Restricted Communities for the Community Associations Institute and Apartment Association of Greater Philadelphia’s Expo. The Expo was held Wednesday, April 29, 2009 at the Valley Forge Convention Center. Mr. Florio’s seminar discussed living in age restricted communities, and the legal issues that are peculiar to age restricted communities in Pennsylvania.
A. Christopher Florio, Shareholder and Co-Chair of Stark & Stark’s Community Associations group, will present a seminar entitled Legal Issues in Age Restricted Communities at the 2009 Pennsylvania & Delaware Valley Community Associations Institute and Apartment Association of Greater Philadelphia’s annual conference. The conference will be held Wednesday April 29, 2009 at the Valley Forge Convention Center in King of Prussia, Pennsylvania.
As a follow up to a recent post the Pennsylvania House of Representatives, on a concurring vote, approved House Bill 2295 yesterday (199-0). The House originally passed HB 2295 on June 11, 2008. After the House originally approved the Bill in June, it was then sent to the Senate. The Senate approved the Bill, but also added additional language to the Bill in conjunction with Senate Bill 963.
On June 11, 2008 the Pennsylvania House of Representatives passed House Bill 2295, which would amend Section 3315 of Pennsylvania’s Uniform Condominium Act (The Act). HB 2295 will restore original language, which had been removed from The Act in 2004. In 2004 the amendment to The Act reduced the rights of an association to collect unpaid assessments after a judicial sale of unit, to only being able to collect unpaid assessments in cases ending in foreclosure.