The trial court then dismissed Midlake's complaint, and granted the Cappuccios' counterclaim, prohibiting Midlake from enforcing Section 7.1.5 of the declaration. The trial court noted that the matter was undeniably moot, but decided the matter after determining that the freedom of speech issue affected the interest of all the owners *128 at Midlake, and could otherwise repeatedly escape review. The Cappuccios refused.Ī non-jury trial was held before the Honorable John P. Midlake offered to withdraw its complaint if the Cappuccios would sign a stipulation stating that they would refrain from posting signs in the future. The signs were removed, however, around March 1993, when the Cappuccios leased their unit. When the Cappuccios refused to comply, Midlake brought an action in equity to compel the Cappuccios to take down the signs. Midlake contacted the Cappuccios to enforce the Declaration. No unit owner (except declarant in connection with its leasing and marketing and sale of units) may erect any sign on or in a unit or in a common element or limited common element which is visible from the outdoors without, in each instance, having obtained the prior written permission of the Executive Board. Call xxx-xxx-xxxx." The posting of these signs was in violation of Section 7.1.5 of the Declaration, which states:
#Big boulder lake pa windows#
By October, 1989, the property values in the area had plummeted, and the Cappuccios placed two computer-generated signs in the windows of their condominium which read: "For Sale by Owner. The declaration was incorporated in the deed. Ronald and Sondra Cappuccio (the Cappuccios) acquired a unit by deed in January 1989, which was duly recorded. A Declaration was filed with the Carbon County Recorder and Deeds Office at the time of the formation of Midlake. The association *127 was established, under Pennsylvania's Uniform Condominium Act, by the community developer, Northeast Land Company. Midlake is a condominium association located in Kidder Township, Carbon County, Pennsylvania with the condominium units located along Big Boulder Lake. Plaintiff/appellant Midlake on Big Boulder Lake, Condominium Association (Midlake) appeals from the order enjoining and prohibiting Midlake from enforcing a section of the association's Declaration, which prohibits owner/members from posting signs on their respective properties. Adam Silverstein, Philadelphia, amicus curiae.īefore CIRILLO, HOFFMAN and OLSZEWSKI, JJ.
MIDLAKE ON BIG BOULDER LAKE, CONDOMINIUM ASSOCIATION, Appellant,
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