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Author Topic: MEMBERSHIP IN ASSOCIATION - IT IS NOW OFFICIAL - IT IS UP TO YOU!  (Read 5287 times)
THE EXPERT
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« on: October 24, 2010, 01:59:10 PM »


MEMBERSHIP IN ASSOCIATION - IT IS NOW OFFICIAL - IT IS UP TO YOU!

     In the recent PUC decision the Commonwealth Court has established as a matter of law, that as long as Purchasers pay all maintenance fees, they have a legal right to voluntarily “relinquish” or “opt out” of an association. The Commonwealth Judge/Judges allowed the finding of the Administrative Judge (that as a legal matter) Petitioner had “opted out” and “voluntarily relinquished” his membership in the association, and therefore, could not be considered a member of the association.  The object being that any individual who chooses to “relinquish” or “opt out” of the association will not be subject to association rules, regulations or by-laws, or any proportionate liability against the association, which will only apply to those who chose to “voluntarily” remain members of the association.  IF YOU WISH TO "OPT OUT" OR "RELIQUISH" YOUR MEMBERSHIP IN THE SLCA, SENT A CERTIFIED LETTER TO COMMONWEALTH COURT JUDGE THE HONORABLE DAN PELLEGRINO STATING THAT YOU WISH TO "OPT OUT" AND "RELIQUISH" YOUR MEMBERSHIP IN THE SLCA, AS PER THE COURTS MEMORANDUM OPINION [No. 725 C.D. 2010] dated October 21, 2010.

To wit:
     “Stillwater Sewer Corporation (Stillwater), a wholly-owned subsidiary
      of the Association, currently furnishes wastewater sewer service to 512 full-time
      and 268 standby customers, all of whom reside within the Community and all of
      whom, except Petitioner, are members of the Association.2
      As a result of the parties' November 4, 2002 settlement of a civil action brought by
      Petitioner in the Federal District Court for the Middle District of Pennsylvania,
      Petitioner is no longer a member of the Association. The practical result of this settlement
      is that Petitioner receives wastewater sewer services from Stillwater, he pays Stillwater its
      regular wastewater service charge on the same basis and in the same amount
      charged to every other property owner, and he pays the Association its annual
      maintenance charge, but he is no longer entitled to vote in the Association.”

2 "There are also 178 members of the Association who own property in the Community
with on-site sewer systems. While these members currently do not receive wastewater sewer
service from Stillwater, they have the potential to hook up to the sewer system in the future if
they obtain a township permit and Stillwater is able to construct the infrastructure necessary to
reach their properties."

ARE ANY OF THESE 178 MEMBERS WITH ON-SITE SEWER SYSTEMS, WHO ACCORDING TO THE COURT'S OPNION, "BENEFIT EQUALLY" FROM THE OPERATIONS OF THE SEWER CORPORATION, PAYING STAND BY FEES?
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David
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« Reply #1 on: October 27, 2010, 08:18:47 AM »


MEMBERSHIP IN ASSOCIATION - IT IS NOW OFFICIAL - IT IS UP TO YOU!

     In the recent PUC decision the Commonwealth Court has established as a matter of law, that as long as Purchasers pay all maintenance fees, they have a legal right to voluntarily “relinquish” or “opt out” of an association. The Commonwealth Judge/Judges allowed the finding of the Administrative Judge (that as a legal matter) Petitioner had “opted out” and “voluntarily relinquished” his membership in the association, and therefore, could not be considered a member of the association.  The object being that any individual who chooses to “relinquish” or “opt out” of the association will not be subject to association rules, regulations or by-laws, or any proportionate liability against the association, which will only apply to those who chose to “voluntarily” remain members of the association.  IF YOU WISH TO "OPT OUT" OR "RELIQUISH" YOUR MEMBERSHIP IN THE SLCA, SENT A CERTIFIED LETTER TO COMMONWEALTH COURT JUDGE THE HONORABLE DAN PELLEGRINO STATING THAT YOU WISH TO "OPT OUT" AND "RELIQUISH" YOUR MEMBERSHIP IN THE SLCA, AS PER THE COURTS MEMORANDUM OPINION [No. 725 C.D. 2010] dated October 21, 2010.

To wit:
     “Stillwater Sewer Corporation (Stillwater), a wholly-owned subsidiary
      of the Association, currently furnishes wastewater sewer service to 512 full-time
      and 268 standby customers, all of whom reside within the Community and all of
      whom, except Petitioner, are members of the Association.2
      As a result of the parties' November 4, 2002 settlement of a civil action brought by
      Petitioner in the Federal District Court for the Middle District of Pennsylvania,
      Petitioner is no longer a member of the Association. The practical result of this settlement
      is that Petitioner receives wastewater sewer services from Stillwater, he pays Stillwater its
      regular wastewater service charge on the same basis and in the same amount
      charged to every other property owner, and he pays the Association its annual
      maintenance charge, but he is no longer entitled to vote in the Association.”

2 "There are also 178 members of the Association who own property in the Community
with on-site sewer systems. While these members currently do not receive wastewater sewer
service from Stillwater, they have the potential to hook up to the sewer system in the future if
they obtain a township permit and Stillwater is able to construct the infrastructure necessary to
reach their properties."

ARE ANY OF THESE 178 MEMBERS WITH ON-SITE SEWER SYSTEMS, WHO ACCORDING TO THE COURT'S OPNION, "BENEFIT EQUALLY" FROM THE OPERATIONS OF THE SEWER CORPORATION, PAYING STAND BY FEES?

You can find the case in it's entirety here:
http://www.leagle.com/xmlResult.aspx?xmldoc=In%20PACO%2020101021738.xml&docbase=CSLWAR3-2007-CURR

...and if you don't feel like doing all that reading, here are some relevant highlights:

“The underlying facts of this case are not in dispute. Petitioner owns property within Stillwater Lake Estates, Inc. (Community), a planned residential and resort community located in Monroe County, Pennsylvania. The Community has been in existence since 1968,…”

“As a result of the parties' November 4, 2002 settlement of a civil action brought by Petitioner in the Federal District Court for the Middle District of Pennsylvania, Petitioner is no longer a member of the Association.”

“…he pays Stillwater its regular wastewater service charge on the same basis and in the same amount charged to every other property owner, and he pays the Association its annual maintenance charge, but he is no longer entitled to vote in the Association.”


NOW...if anyone STILL needs further proof...then you are either in deep denial, or just plain scared and intimidated by the thick wool.

P.S. Things that make you go Hmmmmmm???  Scavello refusing to notarize. Would have loved to have been a fly on the wall when he made this decision on his own without any encouragement from any board member and/or local law office. If the rumor is true, then shame on this "Voter Dependent" civil servant.

...and with elections, like, just round the corner!
« Last Edit: October 27, 2010, 08:23:19 AM by David » Logged

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