BIRCHWOOD LAKES COMMUNITY ASS'N v. COMIS


296 Pa.Super. 77 (1982)

442 A.2d 304

BIRCHWOOD LAKES COMMUNITY ASSOCIATION, INC., Appellant, v. Betty COMIS, Henry Lichte and Rose Lichte, His Wife, John Deshewski and Concetta Deshewski, His Wife, Mae Genberg, a/k/a Mary Genberg, Stanley Matejek and Bernice Matejek, His Wife, Louis Mendy and Viola T. Mendy, His Wife, Walter McCague and Margaret P. McCague, His Wife, Lawrence McMahon and Helen McMahon, His Wife, Leonard C. Rademaker and Barbara Rademaker, His Wife, Alan R. Tulp, Anneliese Zassoda, Jack Sweetman and Edith H. Sweetman, His Wife, Gabriel Passarelli and Marie Passarelli, His Wife, Michael McCaul and Catherine McCaul, His Wife, Eva A. Frodge, Dennis Winters and Margaret Winters, His Wife, Leonard M. Trubia, Herbert Anstett and Elizabeth Anstett, His Wife, John Farley and Winifred Farley, His Wife, Robert Barlett, Bernard Guddahl and Rose Guddahl, His Wife, Philip Lamendola and Rose Lamendola, His Wife, John Leechan and Katherine Leechan, Thomas Harney and Mary Harney, His Wife, Margaret Jonas, Emil Sartori and Dolores Sartori, His Wife, Thomas Stefanelli, Charles Talmage, George Wiltshire and Elsie M. Wiltshire, His Wife, Joseph J. Lorentz, Jr. and Catherine V. Lorentz, Robert Newsbaum and Frieda Newsbaum, His Wife, Stanley J. Kasprzak and Stella Kasprzak, His Wife, Jad Barghout and E. Lynn Barghout, His Wife, Thomas Angelo and Mabel Angelo, His Wife, and Antonio Manzo.

Superior Court of Pennsylvania.

Filed February 26, 1982.


Attorney(s) appearing for the Case

Randolph T. Borden, Hawley, for appellant.

Marshall E. Anders, Stroudsburg, for appellees.

Before HESTER, CAVANAUGH and VAN der VOORT, JJ.


VAN der VOORT, Judge:

All-American Realty Company was the developer of Birchwood Lakes, a residential recreational community. Birchwood Lakes Community Association, Inc. (hereafter referred to as the Association) is a non-profit corporation which is the successor in interest to the developer. The Association performs the services essential to the maintenance of the community. To pay for such services the Association assesses and collects "community dues" as its predecessor...

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