Legal Question in Real Estate Law in Pennsylvania

I live in PA in one of four attached townhouses that share a common retaining wall/driveway in an HOA. The wall is deteriorating and starting to collapse. We are currently getting bids to repair or rebuild the wall before it gets worse. The problem is a new neighbor who believes that she is NOT going to help pay the cost because she just moved in a little over a year ago. It states in the HOA covenant that the four of us are responsible for repairs and maintenance of the wall. Our HOA isn't forceful. If she refuses to take part in meetings and a deciding vote on bids, we will get our HOA involved. A letter to explain her responsibility might help? If that fails, what must we do? Take her to court? It will be too costly for the rest of us to cover her part of the wall. Please advise.


Asked on 3/06/17, 10:29 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Just because your neighbor moved in relatively recently, it doesn't mean that she is not bound by the HOA Declarations. Her deed, same as yours, probably had language in it binding her. You and your other neighbors who will have to share the maintenance costs of the wall should get together and require the HOA Board of Directors to send a strong letter to this newer neighbor letting her know her responsibilities and billing her for her share of the cost.

If Boards remain unresponsive, members of the HOA probably have the right to recall the Directors and elect new ones. Read your HOA documents. If they don't give you those rights, you and your fellow members may want to petition to make necessary changes to the documents. It will require a large majority of owners (more than a plurality) and the consent of mortgage holders, but it would be to the advantage of those owners and the mortgage holders.

Consult with local attorneys with experience dealing with HOAs. If you don't take care of this now, problems will get worse down the (figurative and literal) road!

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Answered on 3/06/17, 12:00 pm


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