Gywnedd Club Condo Assoc. v. G.L. Dahlquist

IN THE COMMONWEALTH COURT OF PENNSYLVANIA Gywnedd Club Condominium : Association : : No. 1628 C.D. 2017 v. : No. 1816 C.D. 2017 : SUBMITTED: March 14, 2019 Grace L. Dahlquist, : Appellant : BEFORE: HONORABLE ROBERT SIMPSON, Judge HONORABLE ANNE E. COVEY, Judge (P.) HONORABLE ELLEN CEISLER, Judge OPINION NOT REPORTED MEMORANDUM OPINION BY JUDGE CEISLER FILED: April 15, 2019 These consolidated appeals arise from two separate actions filed by Gywnedd Club Condominium Association (Association) against Grace L. Dahlquist in the Montgomery County Court of Common Pleas (Trial Court). In each action, the Trial Court entered Judgment in favor of the Association and against Ms. Dahlquist. For the reasons that follow, we affirm both Judgments. Background The Association is a Pennsylvania non-profit corporation operating as a condominium association under the Pennsylvania Uniform Condominium Act (Condominium Act), 68 Pa. C.S. §§ 3101-3414. Ms. Dahlquist owns the condominium unit located at 17 Shannon Drive in North Wales, Pennsylvania, and is a member of the Association. The following is a summary of each action involved in this appeal. 1. Trial Court Docket No. 2011-19003 (In Personam Action) In 2011, the Association initiated legal proceedings against Ms. Dahlquist to recover unpaid condominium assessments dating back to September 2008. On June 13, 2011, the Magisterial District Court entered Judgment against Ms. Dahlquist in the amount of $7,038.30. On July 12, 2011, Ms. Dahlquist filed a de novo appeal in the Trial Court, wherein she asserted counterclaims against the Association for breach of contract, fraud, negligent misrepresentation, and violation of the Unfair Trade Practices and Consumer Protection Law (UTPCPL), Act of December 17, 1968, P.L. 1224, as amended, 73 P.S. §§ 201-1 to 201-9.3. Ms. Dahlquist alleged that the Association refused to enforce its rules and by-laws relating to noise, operation of equipment, and unauthorized occupancy of tenants. Ms. Dahlquist’s Countercl., ¶¶ 5-8. Specifically, she averred that her upstairs neighbor: engaged in unauthorized construction in his unit, which caused damage to her unit and her personal property; permitted unauthorized tenants to occupy his unit without a lease; generated excessive noise that kept her awake at night; and failed to properly maintain his unit, causing water damage to her unit. Id., ¶¶ 7, 9, 12. According to Ms. Dahlquist, the Association failed to respond to her complaints or enforce its rules with regard to her upstairs neighbor. Id., ¶¶ 10-11. Ms. Dahlquist also alleged that the Association wrongfully denied her access to its pool and laundry facility. Id., ¶ 6. On August 11, 2011, the Association filed a Civil Complaint in the Trial Court against Ms. Dahlquist, seeking to recover unpaid assessments, interest, costs, and reasonable attorneys’ fees and demanding judgment in the amount of $11,433.18. On December 8, 2011, the Trial Court sustained the Association’s Preliminary Objections in the Nature of a Demurrer to Ms. Dahlquist’s counterclaims for fraud, negligent misrepresentation, and violation of the UTPCPL. After several years of discovery, on June 3, 2015, the Trial Court granted summary judgment in the Association’s favor ...

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