Legal Question in Real Estate Law in Pennsylvania

I live in a housing development with an annual maintenance assessment. The paragraph describing this assessment includes the following sentence:

"The annual assessment shall not be increased except by vote of sixty percent or more of the lot owners."

My question -- Does the above statement in any way preclude a vote to DECREASE the assessment?


Asked on 1/25/11, 6:00 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Since annual maintenance assessments are based on the costs of running the entire development except the insides of the individually owned units, those assessments represent the budget, based on past years' expenses and anticipated costs.

Although it may be possible that the budgets would go down, it is unlikely that those costs would decrease. Therefore, it would not be fiscally prudent to vote to decrease the assessments.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 1/27/11, 2:10 pm


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