Attorney Paul J. Toner of Orphanides & Toner, LLP, Advances Client’s Position with a Superior Court Decision Ruling that Planned Communities Developed Without a Homeowners Association Could Not Be Forcibly Reorganized into a Planned Community Governed by a Modern Homeowners Association

June 16 2014

On May 1, 2014, the Superior Court of Pennsylvania issued a decision that upheld the legal structure of a private planned community and ruled that a newly formed association of lot owners could not be recognized as a mandatory unit owners association.

In Little Mountain Community Ass'n, Inc. v. Southern Columbia Corp.,  __ A.3d __ (Pa.Super.2014), a case argued by Paul J. Toner, Esq., of Orphanides & Toner, LLP, the Superior Court held that Section 5301 of the Uniform Planned Community Act (UPCA) could not be applied retroactively to planned communities developed before the enactment of the UPCA.  The Superior Court ruled the UPCA could not be used to force a restructuring of a private planned community organized pursuant to deed covenants that did not provide for a mandatory unit owners association.  With its ruling, the Court squarely denied an attempt by a newly formed association of lot owners to be recognized as the mandatory unit owners association under the UPCA.      

Please contact the attorneys at Orphanides & Toner, LLP, with questions regarding planned communities, community associations, and the application of the Uniform Planned Community Act.