Legal Question in Real Estate Law in Pennsylvania

Re: condo by laws

You asked about an non-owner trying to become a member of the homeowners association board.

Laws are not read loosely. The opposite in fact is true. Laws are read as narrowly as possible to prevent giving to much breadth to any particular law. This applies to contracts also. Your bylaws are a classic contract.

Where the parties have left a thing unsaid, in this case the definition of homeowner, then a court would look to extraneous sources to fill the gap. In this case a court would look to the intent of the drafters (the persons who adopted the bylaws) and then to even more distant sources.

It is ridiculous to think that the drafters intended for any person owning a home outside of the association would have any place on the board. What would prevent the board from being made up completely of outside parties? Rather, a court would fill the gap and define the word in the most limited scope applicable to that situation.

You should also examine you bylaws for any dispute resolution policy where the board itself gets to resolve any interpretation problems. This is a pretty clearcut case and anyone who falls for the BS line that the interloper is selling should be keel-hauled.

But realize, that all that has to happen to have the person become a homweowner is that the person need to be added to the deed. All that takes on the part of the legitimate homeowner is a little trust, some ink and a filing fee.

This matter will probably end up in court. But I think some good law could come out of it.

Regards,

Roger

In eve