The Arches Condominium Association v. L. Robinson
131 A.3d 122
| Pa. Commw. Ct. | 2015Background
- Robinson owns a condo in The Arches; the Association maintains the property and enforces the Act and its declarations and by‑laws.
- The Association demanded Robinson pay overdue condo fees, late fees, assessments, and collection costs in 2011; Robinson failed to pay.
- The Association filed suit; after multiple proceedings, arbitration, and appeals, the trial on May 13, 2014 resulted in a May 15, 2014 order awarding the Association $27,355.68, including $26,206.68 in attorney’s fees.
- Robinson filed a Reconsideration Motion on May 28, 2014; the trial court denied it on June 19, 2014; Robinson appealed June 16, 2014.
- The Association moved to strike the appeal as waived due to untimely post‑trial relief; the court denied the motion and this Court reviews the merits.
- The core issue is whether the trial court properly awarded the full attorney’s fees under the Act and the Declaration, and whether Robinson preserved his issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Robinson preserved issues by timely post‑trial relief | Robinson: Reconsideration functioned as post‑trial motion; timely under flexible rules. | Association: Reconsideration was untimely; not a proper post‑trial motion; issues waived. | Reconsideration can preserve issues, but here timing rendered it untimely; nonetheless preserved meritorious issues on appeal. |
| Whether the trial court properly awarded full attorney’s fees under the Act | Association: Fees were reasonable and fully recoverable under 3315 and Declaration; extensive litigation warranted full award. | Robinson: Fees not fully reasonable; lack of expert proof; possible overreach and improper fees. | The court did not abuse its discretion; full fees were supported by record and LaRocca factors; no palpable error. |
| Whether the late fee/interest calculation violated 3314(b) and affected the fee amount | Association: Late fee structure ultimately complied; amounts were within authority; any calculation concerns were not fatal. | Robinson: Compounded 10% monthly late fees exceed 15% annual cap; improper labeling inflated fees. | Although late-fee calculation may be questionable, it did not compel reversal of the fee award. |
| Whether the Association’s action was properly supported by statutory and declaratory authority | Association: Statutory sections 3302(a)(4), 3315(a), and 3315(f) authorize collection of reasonable fees; Declaration similarly authorizes fees. | Robinson: Fees must be proven reasonable and proportionate; the need for substantial proof of reasonableness. | Statutory and declaration authority supported the fee award; the court properly applied LaRocca and related standards. |
Key Cases Cited
- Mountain View Condominium Association v. Bomersbach, 734 A.2d 468 (Pa. Cmwlth. 1999) (full fee awards permissible for trench warfare-like litigation when justified by evidence)
- Linder v. City of Chester, 78 A.3d 695 (Pa. Cmwlth. 2013) (motion for reconsideration can function as a post-trial motion for preserving issues)
- Gemini Equipment Co. v. Pennsy Supply, Inc., 595 A.2d 1211 (Pa. Super. 1991) (post-trial motion may ask to affirm, modify or change decision; preserves issues)
- Moore v. Moore, 634 A.2d 163 (Pa. 1993) (motion for reconsideration not a post-trial motion)
- Behar v. Frazier, 724 A.2d 943 (Pa. Super. 1999) (recognizes discretion in preserving issues when untimely post-trial motions are entertained)
- The Ridings at Whitpain Homeowners Association v. Schiller, 811 A.2d 1111 (Pa. Cmwlth. 2002) (exercises discretion in fee awards; reductions supported by record)
- Township of South Whitehall v. Karoly, 891 A.2d 780 (Pa. Cmwlth. 2006) (trial court justified in reducing fees if record supports it)
- Centennial Station Condominium Association v. Schaefer Company Builders, Inc., 800 A.2d 379 (Pa. Cmwlth. 2002) (discretion in attorney’s fee awards; not all reductions require error)
- In re LaRocca’s Trust Estate, 246 A.2d 337 (Pa. 1968) (factors for reasonableness of attorney’s fees guidance)
- Dia mond Reo Truck Co. v. Mid-Pacific Industries, Inc., 806 A.2d 423 (Pa. Super. 2002) (purpose of post-trial relief; correcting errors while court retains jurisdiction)
- Shonberger v. Oswell, not cited with official reporter () (contextual, not included due to no official reporter citation)
- Chalkey v. Roush, 805 A.2d 491 (Pa. Super. 2002) (post-trial relief standards)