Legal Question in Civil Litigation in Pennsylvania

Condo Association Fees

Originally I fell behind in condo fees from a medical condition making it necessary for me to resign from my corporate job. Had to break 2 payment plans for legitimate reasons. I paid it in full (with funds borrowed from my ex-in-laws) last fall after receiving a letter from their attorney. I was then a victim of therapist abuse. I explained my situation to a board member. Was told not to worry - as long as I was paying something. Then I got a new letter from attorney - called her and requested payment plans again and I was paying. She said she would get back to me. The next thing I got was a document from the civil court saying they were taking me to court for back fees, attorneys'fees and 7 months assoc. fees in advance. I didn't have the money to pay so I went to court to fight the 7 months in advance. The attorney badgered me even after I had explained the reasons for falling behind. The judge ruled against me and they are now asking for $2000. I don't have it. I can pay the back fees. I spoke to the president of the board and he didn't know they were suing me for advance fees. My question is should I appeal this and counter sue with an attorney? What type of lawyer? Is this ever done on contingency basis?


Asked on 7/06/04, 5:03 pm

1 Answer from Attorneys
Gerald Hershenson Law Office of Gerald M. Hershenson

Re: Condo Association Fees

You should appeal to the Board. Attorney fees can be added to any amount due to the condo. Be very careful or you will have to pay attorney fees in addition to the amount. The right to sue for avanced fees are in the condo documents. The should be reviewed. Since they have a judgment they will be secure. If you default in your payment arrangements they can levy on bank accounts or sell your personal property. Your only option is to file bankruptcy if they persist. That will destroy your credit. No attorney will take this case on a contingent fee. You are on the losing side.

Gerald Hershenson 215-570-9390

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Answered on 7/06/04, 5:42 pm


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