The Pennsylvania Superior Court has ruled that defendants in a suit alleging breaches of two condominium agreements cannot rely on an arbitration clause in one contract to knock claims out of court alleging breaches of a separate contract that does not contain an arbitration clause.

In Franklin Towne Charter High School v. Arsenal Associates, according to the Superior Court’s unpublished March 11 opinion, the plaintiff high school, which owns several units in a condominium, sued Arsenal Associates—a limited partnership that was the developer of the condominium and is still the owner of the majority of its units—along with the president of the general partner of the limited partnership, Mark Hankin, and the Arsenal Condominium Association, which is controlled by the limited partnership.

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