Legal Question in Civil Litigation in Pennsylvania

I am currently President of a neighborhood HOA in Butler County Pennsylvania. I also live in the neighborhood that I am president of. I was elected to the board in November 2010 and took office in January 2011, my term will expire in January 2013.

My question is about a contract that was signed by the previous president of the neighborhood in January 2010. The contract states that a fitness maintenance company will maintain our equipment 4 times a year for $680.00 a year. It also says that the contract will auto renew if it is not terminated with 30 days� notice. After the service that I received in 2011 I decided not to go with them for the year 2012. I did not notify anyone and I thought the matter was over with since I did not pursue them for 2012, since I was unaware of the contract. I received a phone call from the maintenance company in March 2012 to set up the first service of 2012. I told him then that I did not want the service for 2012, he told me that I needed to send a letter to the owner requesting no more service. I did that in March. Unbeknownst to me an invoice was already sent to the HOA management company and the invoice was paid for the year 2012 in the amount of $730.00 in February 2012. When I questioned the management company she told me that she paid it because she had done so in years past, she assumed it was accepted.

I sent several letters and made many phone calls to the maintenance company to try and resolve the issue with no success. I am thinking about going to small claims court but I am not sure if I have a case. The main complaint I think I have at this point is they are in beach of contact anyway because they charged us more than was originally stated in 2010 contract.

Do any of these help my claim that I should be given a full refund for services not wanted nor preformed?

� Only one signature was on the contract, the old HOA president

� The amount we were charged is higher than the �contract�


Asked on 6/08/12, 10:23 am

2 Answer from Attorneys
Sharmil McKee McKee Law Office

You have the right to rescind the contact, for any or no reason. However you probably need the HOA to vote and approve canceling the contract. Just as probably the Hoa voted to accept and approve the contact. Look at the contact to determine your cancellation policy and if you must pay any fee for canceling early. Then send a letter notifying the company about your decision. Demand a refund. If you don't receive a response, then hire a lawyer. An Hoa must be represented by an attorney in court in Pennslvania. Good luck.

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Answered on 6/09/12, 6:00 pm


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