Caroline S. Robboy and Peter A. Gearhart v. Two Independence Place Condominium Owners' Association

Philadelphia, Pennsylvania real property condo law lawyers represented the parties.



Plaintiffs Caroline S. Robboy and Peter A. Gearheart ("Gearharts") own a commercial condominium unit they are attempting to sell and seek summary judgment on their claims that Defendant Two Independence Place Condominium Owner's Association ("Two Independence Place") has unlawfully infringed their property rights. Two Independence Place has allegedly done so by passing a resolution that essentially gives it veto power over any potential buyer of the unit in violation of the Pennsylvania Uniform Condominium Act, 68 Pa. Cons. Stat. §3101, et seq. (the "Act"), the Declaration of Two Independence Place Condominium ("Declaration"), and the Bylaws of Two Independence Place Condominium ("Bylaws").



In response, Two Independence Place argues that it has a right to regulate the use of the unit under the Bylaws as well as resolutions passed pursuant to those Bylaws.



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Legal issue Can a condominium association unilaterally alter property usage rights without unanimous owner consent under the Pennsylvania Uniform Condominium Act?

Headnote



PROPERTY LAW. CONDOMINIUM DECLARATION AND USE RESTRICTIONS. The case involves a dispute where plaintiffs sought summary judgment, alleging that the defendant condominium owners' association unlawfully infringed on their property rights through a resolution that effectively granted veto power over the use or sale of their unit, in violation of the Declaration and the Pennsylvania Uniform Condominium Act.



PROPERTY LAW. BYLAWS VERSUS DECLARATION. The court had to determine whether the condominium association's bylaws or resolutions could override the Declaration's provisions, particularly regarding the usage and limitations of condominium units without unanimous owner approval, as mandated by the Pennsylvania Uniform Condominium Act.



CIVIL PROCEDURE. SUMMARY JUDGMENT AND PERMANENT INJUNCTION STANDARDS. The court considered the criteria for granting summary judgment and a permanent injunction, evaluating whether the plaintiffs had a clear right to relief, whether preventing enforcement of a resolution was necessary to prevent irreparable harm, and where the greater injury would lie.



Key Phrases Commercial condominium unit. Summary judgment motion. Permanent injunction order. Pennsylvania Uniform Condominium Act. Real property interest.

The Declaration is clear that the commercial condominium units may be used for any lawful purpose. And, under the Act, the Declaration prevails over the Bylaws. Two Independence Place has therefore exceeded its authority and violated the Act. As a result, the Court will grant the Gearharts' motion for summary judgment as explained below.