PHILADELPHIA – A Philadelphia condominium complex is pursuing supposedly outstanding assessment fees well in excess of $26,000 from the owner of one of its units, per a new lawsuit in state court.
Appletree Mews Condominium Association (c/o Benjamin Cobrin & Company) of Narberth filed suit in the Philadelphia County Court of Common Pleas on March 14 versus John C. Smith Jr., of Philadelphia.
The suit states Smith is the owner of Unit #DR9U of the Appletree Mews Condominium Complex, at 2033-2049 Arch Street in the Logan Square section of Philadelphia. Allegedly, Smith failed to pay condominium assessment despite demand, and as of March 5, is now in arrears of $26,763.48 for overdue assessments, late fees and attorney’s fees – all of which are collectible under the proper governing documents, such as the Appletree Mews Condominium Association’s Code of Regulations and the Pennsylvania Uniform Condominium Act.
In addition to those amounts, the plaintiff seeks any continuing assessments, costs, attorney’s fees, interest, late fees, or any other charges, fees or assessments incurred in the enforcement of the action or otherwise incurred, or charged to the Unit up through the date of record of a Sheriff’s Deed for the Unit, with all of those amounts in total constituting a lien against the unit.
For counts of breach of contract, breach of covenant running with the land and lien foreclosure, the plaintiff is seeking damages of $26,763.48, plus all continuing assessments, costs, attorney’s fees, interest, late fees or any other charges, fees or assessments incurred in the enforcement of this action or otherwise incurred or charged to the Unit up through the date of recording of a Sheriff’s Deed for the Unit, plus any other relief as the Court deems just and equitable.
The plaintiff is represented by Monica M. Littman and Gary A. Krimstock of Fineman Krekstein & Harris, in Philadelphia.
Philadelphia County Court of Common Pleas case 180301604
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com