Commonwealth Court Calls Technical Foul in Developer's Failure to Follow the UPCA
The Pennsylvania Commonwealth Court recently reinforced the importance of following statutorily prescribed provisions when creating planned communities under Pennsylvania law.
January 22, 2021 at 11:51 AM
6 minute read
The Pennsylvania Commonwealth Court recently reinforced the importance of following statutorily prescribed provisions when creating planned communities under Pennsylvania law. In a December decision, the court denied the ability of a developer to encumber property with declarations of covenants, conditions and restrictions (CCRs) where the developer failed to follow specific provisions of the Uniform Planned Community Act (UPCA) in creating a homeowners association, accepting homeowners' assertions that they were neither subject to CCRs that did not clearly encumber their property nor subject to CCRs recorded after they purchased their property.
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