Holiday Pocono Civic Ass'n v. Benick

LAVELLE, P.J.,

This matter is before us on defendants’ preliminary objections to plaintiffs complaint in assumpsit. The issue raised by the pleadings is whether a property owners’ association may enforce against a lot owner an affirmative covenant in the latter’s deed to pay dues and assessments.

FACTUAL BACKGROUND

On a demurrer, of course, all well-pleaded facts in plaintiffs complaint and all inferences fairly deducible therefrom are deemed to be admitted: Adams v. Speckman, 385 Pa. 308, 122 A. 2d 685 (1956). These facts maybe summarized as follows:

On October 13, 1960, defendants entered into…