MEDIA – A local homeowners association believes its former management company did not live up to a monetary agreement both parties agreed to be bound by, and seeks to obtain a number of related financial records through the lawsuit it has filed.
Middletown Crossing Homeowners Association of Gradyville filed suit in the Delaware County Court of Common Pleas on June 14 versus East Hill Property Management, LLC of Media.
On March 15, 2016, the plaintiff and defendant entered into a Management Agreement to begin April 1, 2016. The agreement requires East Hill, by the 25th of each month, to provide Middletown Crossing with a statement of cash receipts and disbursements from the operation of the premises during the previous month – and further allows the plaintiff to conduct periodic audits of the accounts managed by East Hill.
Middletown Crossing alleges East Hill has failed to comply with these requirements despite numerous requests, according to the lawsuit.
The agreement, due to be renewed on March 31 of this year, was terminated by East Hill on Feb. 2. However, Middletown Crossing says this notice of non-renewal was insufficient and not provided within the mandated 60-day time limit necessary prior to termination of the agreement.
Middletown Crossing says it seeks the following records: All dues, assessments and other charges from owners; whether all real estate taxes for 2016 were paid; all delinquents dues and assessments; all collected capital contributions and all delinquent capital contributions; whether any litigation was initiated based on the above; the status of collection of $285 from John Markopolous for damage to a light pole; the status of recovery for the unauthorized payment of $359 to Marjorie Hipps for gutter damage caused by a storm and reimbursement to Middletown Crossing for bank fees of $310 that should not have been charged to it.
For breach of contract, the plaintiff is seeking the Court to order the following: To specifically perform its duties and provide Middletown Crossing with a complete accounting, damages of $50,000, attorney’s fees, punitive damages and such other and further relief as the Court may deem appropriate.
The plaintiff is represented by Robert M. Firkser of Del Sordo & Firkser, in Media.
Delaware County Court of Common Pleas case 2017-005401
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com