Fogarty v. Hemlock Farms Community Association

685 A.2d 241 (1996)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Fogarty v. Hemlock Farms Community Association

Pennsylvania Commonwealth Court
685 A.2d 241 (1996)

Facts

Dennis and Mary Fogarty (plaintiffs), condominium owners at the Hemlock Farms Community, filed a declaratory-judgment action against the condominium’s homeowners’ association (the association) (defendant), challenging the association’s authority to levy a special assessment for certain capital improvements. A covenant in the Fogartys’ deed required them to become members of the homeowners’ association and to pay annual dues, fees, and assessments for the “control, maintenance and repair of streets, roads and recreational facilities.” The covenant said nothing specifically about paying for capital improvements. After the association voted to impose a special assessment on all members for the construction costs of a mail office, administration building, and clubhouse, the Fogartys refused to pay the assessment and instead filed the declaratory-judgment action. The trial court upheld the special assessment and granted summary judgment for the association. The Fogartys appealed, arguing that their deed covenant only authorized special assessments for the maintenance and repair of streets, roads, and the beach and other recreational facilities—not for the type of capital improvements approved by the association. The association argued that absent an express prohibition restricting the association from levying special assessments for capital improvements and considering the association’s authority under the bylaws to levy special assessments for various purposes, the Fogartys were obligated to pay the assessment.

Rule of Law

Issue

Holding and Reasoning (Smith, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 734,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 734,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 734,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership