HOLIDAY POCONO ASSN. v. BENICK

No. 96.

7 Pa. D. & C. 3d 378 (1978)

Holiday Pocono Civic Association, Inc. v. Benick

Common Pleas Court of Carbon County, Pennsylvania.

April 21, 1978.


Attorney(s) appearing for the Case

Gary F. Dobias, for plaintiff.

Michael L. Ozalas of Nanovic & McKinley, for defendant.


LAVELLE, P.J., April 21, 1978.

This matter is before us on defendants' preliminary objections to plaintiff's complaint in assumpsit. The issue raised by the pleadings is whether a property owners' association may enforce against a lot owner an affirmative covenant in the latter's deed to pay dues and assessments.

FACTUAL BACKGROUND

On a demurrer, of course, all well-pleaded facts in plaintiff's complaint and all inferences fairly deducible...

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