Northeastern Pennsylvania is an usual situation with a large number of residential developments and the homeowners and property owners associations which government these properties. With the exception of the regulations of Pennsylvania Planned Community Act, there is relatively little guidance the day to day functioning of these private nonprofit associations. Some associations are run well; others have been mired in litigation and distrust for years. Much the distrust and consternation focuses on the all-important vote for the Board of Directors for each year.
An unusual case has surfaced in Pike County, Pennsylvania. The district attorney Pike County, Ray Tonkin, has lodged criminal charges against members of the private Board of Directors of the homeowners association for trying to rig the election to the board. The case was reported on by the Pocono Record on May 13, 2014. The full text of the article may be read here.
To my knowledge this is the first such case in northeastern Pennsylvania where a district attorney has filed criminal charges. Courts are normally loathe to get involved in the day today operations and elections of these private boards. This prosecution bears watching as it may shed some much-needed light on the operations of Board of Directors property owners associations and the elections to these positions.
Attorney Scott M. Amori is the owner and founder of the Stroudsburg law firm of Amori and Associates, LLC. If you have any questions concerning property owners associations and homeowners associations, please feel free to contact Scott M Amori, Esq. at (570) 421-1406.