Coverage note: this corpus holds the
consolidated Pa.C.S. titles only. Unconsolidated P.S. statutes (UTPCPL 73 P.S. § 201-1, Liquor Code, wage payment laws) are not included; a miss here does not mean the statute does not exist. Check
palegis.us.
§ 5412. Effect of violations on rights of action.
If a declarant or any other person subject to this subpart violates any provision
of this subpart or any provisions of the declaration or bylaws, any person or class
of persons adversely affected by the violation has a claim for appropriate relief.
Punitive damages may be awarded in the case of a willful violation of the subpart
and, if appropriate, the prevailing party may be entitled to an award of costs and
reasonable attorney fees.
(May 4, 2018, P.L.96, No.17, eff. 60 days)
Cross References. Section 5412 is referred to in section 5102 of this title.
Notes of Decisions
Laurel Road HOA, Inc. v. W.E. Freas & N. Freas, 191 A.3d 938 (Pa. Commw. Ct. 2018).
“§ 5301 ; see 68 Pa.C.S. § 5412 ("If a declarant or any other person subject to this subpart violates any provision of this subpart or any provisions of the declaration or bylaws, any person or class of persons adversely affected by the violation has a claim for appropriate…”
C. Lanzisera v. Northslope III Owners Ass'n, Inc. (Pa. Commw. Ct. 2019).
“” 68 Pa.C.S. § 5412. Here, while Lanzisera specifically requested relief under Section 5793 of the NPCL,6 in this Commonwealth, Section 5303 of the UPCA governs the standard by which courts review an association’s actions.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.