McLafferty v. Council for the Ass'n of Owners of Condominium No. One, Inc.

OPINION BY

BOWES, J.:

This appeal presents novel questions involving a condominium governed by the Unit Property Act (“UPA”), former 68 P.S. § 700.101 et seq. (repealed by 1980, July 2, P.L. 286, No. 82, § 2, effective in 120 days), and the retroactive application of the Uniform Condominium Act (“UCA”), 68 Pa.C.S. § 3101 et seq. The trial court granted judgment on the pleadings in favor of the Defendants and dismissed Plaintiffs’ count seeking declaratory relief. 1 After careful review, we reverse and remand for further proceedings.

Plaintiffs-Appellants are three unit owners in Condominium No.…