Category Archives: Community Associations

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Handgun Regulation in Community Associations

Posted in Community Associations

An entire textbook and law school class could be devoted to the topic of handgun regulation. This article will focus on two recent United States Supreme Court (“Court”) decisions, briefly discuss some of the ways in which the Court’s decisions could apply to community associations, and identify practical issues that a community association should consider… Continue Reading

Insufficient Insurance Coverage, Running With Play-Doh, and Other Risky Activities

Posted in Community Associations

As someone who manages risk for a living and can find potential liability in even the most mundane and (seemingly) harmless activities, I don’t get invited to many parties. Statements such as “Are you crazy!?! Those kids shouldn’t be running with an open container of Play-Doh” and “You do realize that mistletoe is poisonous” tend… Continue Reading

Night of the Undead . . . Mortgages (Zombie Mortgages)

Posted in Community Associations

Spoiler alert! The zombie apocalypse in this article was not caused by a top secret government experiment, well-intentioned vaccination protocol, or ancient (and very cold) magic. The zombies discussed in this article were created by men and women garbed in Brooks Brothers (ok, probably Joseph A. Banks) and Anne Taylor. The zombies in question were… Continue Reading

Are Homeowners Responsible for Sidewalk Condition During Transition?

Posted in Community Associations

During the transition process from declarant to homeowner control of an association, one common area of dispute is the condition of the sidewalks. The new sidewalk surfaces may be scaling, cracking, spalling, discolored, holding water, or otherwise falling apart. The association attributes the condition of the sidewalks to defective construction and requests the declarant to… Continue Reading

Recovering Condominium and Homeowners Association Fees Due Prior to Sheriff’s Sale

Posted in Community Associations

Under Pennsylvania statute, when real estate subject to homeowner’s association assessments or condominium association assessments is sold at sheriff’s sale, the homeowner’s association or condominium association is entitled to recover delinquent assessments/charges accruing in the six (6) months prior to the sheriff’s sale. All other assessments/charges accruing prior to the sheriff’s sale are ordinarily divested… Continue Reading

Stark & Stark’s Community Associations Group Announces Collaboration with J Brick Consulting, LLC

Posted in Community Associations, Stark News

Stark & Stark’s Community Associations Group has teamed up with Jennifer Brick of Jennifer Brick Consulting, LLC to help further develop business leads, market the group’s services to community association property managers and meet industry decision makers throughout Pennsylvania, New Jersey and Delaware. Prior to founding J Brick Consulting, LLC, Jennifer Brick served for 14… Continue Reading

The District of Columbia Court of Appeals Sends Shockwaves through Mortgage Lending Industry

Posted in Business & Corporate, Community Associations

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

What Your Common Interest Community Needs To Know When Considering Requests By Disabled Owners For A “Reasonable Accommodation”

Posted in Community Associations

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 “Reasonable” Attorney’s Fees is a Subjective Standard

Posted in Community Associations

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).

Collecting Interest On Unpaid Pennsylvania Condo Fees, Maintenance Fees, and Special Assessments

Posted in Community Associations

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.