Legal Question in Real Estate Law in Pennsylvania

Homeowners Association's scandelous corruption

Backround-

I belong to a Homeowners association (ABC assoc) that has deeded lake rights to a body of water that co-exists with another homeowners association (XYZ assoc.) I pay dues to ABC assoc. as it states in my deed. We take care of own own beach, roads etc. independant of XYZ resources.

XYZ assoc. feels that ANYONE who has lake rights must pay a lake assessment to XYZ. XYZ owns the Dam and a good portion of the land under the lake that they have purchased over the years. The XYZ property deeds clearly state that XYZ association members are responsible for land they own(including the DAM, their beaches etc)

XYZ has been invoicing ABC members and with the use of intimidation , collection agency threats of liens against our property people pay the money anyway.

Over the years the money collected from ABC members was deposited in the XYZ general fund and spent as they see fit to benefit of XYZ members only.

Does XYZ have a legal right to inovice ABC association members if we are not deeded members of that association but are deeded members of ABC assoc.?

Does XYZ have a legal right to put a lien on ABC property ?


Asked on 5/12/03, 1:38 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Homeowners Association's scandelous corruption

This is a difficult question to answer without knowing exactly what each entity (ABC) and (XYZ) is entitled to and what each owns. This might require that a full-scale title search be done (your homeowners association might want to do this - cost would probably be a few hundred dollars) to determine who owns exactly what. If there is common ownership of the lake, it would appear that each owner is responsible only for the maintenance of their portion. Of course, with the dam actually providing the lake, a greater cost might fall on XYZ, but benefit ABC. Perhaps the 2 associations could have a common board meeting to resolve these issues and establish policies that will be binding upon both association's memberships. If you contribute and the funds are maintained and used by XYZ, they would seem to have an accounting responsibility to your association members. Again, more information is required to properly advise you of your rights and responsibilities.

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Answered on 5/12/03, 3:23 pm


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