POCONO SPRINGS CIVIC ASSOCIATION, INC. V. MacKENZIE
446 Pa.Super. 445, 667 A.2d 233 (1995)
NATURE OF THE CASE: This was an appeal from a summary judgment over the payment of
association fees for abandoned property.
FACTS: MacKenzie (D) purchased a vacant lot at Pocono Springs in October 1969. They
decided to sell the lot in 1987. An offer to purchase was predicated on the ability of the
soil to perc. It did not and the sale was lost. D claims they then abandoned the lot and
that relieved them of any duty to pay association fees due to the Civic Association (P). D
did a number of items to clearly indicate that they had abandoned the lot; did not pay
taxes, tried to give it to P, tried to give it away as a gift, and mailed a signed notarized
statement to all concerned that they have abandoned the lot. P sued D for association fees
and got a summary judgment for $1739.82. D appealed claiming abandonment.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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