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JESSE L. PLEET v. VALLEY GREENE ASSOCIATES (03/01/88)

filed: March 1, 1988.

JESSE L. PLEET, APPELLANT,
v.
VALLEY GREENE ASSOCIATES, AND NATIONAL PROPERTIES, INC., AND HAYES CONSTRUCTION, INC., APPELLEES



Appeal from the Order of the Court of Common Pleas of Berks County, Civil at No. 209 January 1987.

COUNSEL

Alan B. Ziegler, Reading, for appellant.

Thomas M. Golden, Wyomissing, for Hayes, appellee.

John D. Snyder, III, W. Chester, for Valley, appellee.

Cirillo, President Judge, and McEwen and Montemuro, JJ.

Author: Montemuro

[ 371 Pa. Super. Page 531]

This is an appeal*fn1 from an Order sustaining appellees' preliminary objections in the nature of a demurrer, and dismissing appellant's complaint. We affirm.

[ 371 Pa. Super. Page 532]

On June 11, 1986, appellant, an attorney, signed a purchase agreement for a unit in the Valley Greene Village townhouse development built by appellee Hayes Construction, Inc. in the Borough of Wyomissing Hills, and offered for sale by appellee Valley Greene Associates and National Properties, Inc. In August, appellant attempted without success to withdraw from the contract, and obtain the return of the deposit money which under the terms of the agreement was to remain with the seller as liquidated damages occasioned by breach. On September 10, 1986, appellant sought, inter alia, to recover his deposit as well as damages by instituting a class action suit on behalf of himself and all other purchasers of the units, alleging that appellees had not followed certain documentation procedures required for the sale of condominiums under the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. ยง 3101 et seq. The trial court granted appellees' preliminary objections in the nature of a demurrer, and dismissed appellant's complaint. This appeal followed.

The crux of the matter before us is whether, under the provisions of the Condominium statute (the Act), the residential units of the Village are in fact condominiums.

Section 3103 of the Act defines condominium as follows:

Condominium. Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the individual ...


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