road association non payment of dues

[midnitlite]

Jurisdiction

Pennsylvania

I purchased my home 10 years ago in a private community. It is not gated and there are no amenities. I have refused to pay the road association dues because they will not make repairs to the road that leads to my home. We have spent a lot of money not to mention time repairing the road for ten years. Now they have filed suit against us for the past 7 years Not 10. My question is this. I know the statute of limitations for collecting a debt ( Via a lawsuit) in Pa is 4 years but Is this considered a time barred debt as the charges are recurring each year? Can they sue us for the previous 6 years?

 

[zddoodah]

Can they sue us for the previous 6 years?

I'm not quite sure who "they" are, but if you have been sued, then it should be obvious that the plaintiff(s) have the ability to so so (i.e., "they" can sue you).

I suspect your real question is whether the statute of limitations will help you defend against the lawsuit, and the answer to that question is maybe. It might be that you'll get hit with a judgment for only the unpaid dues for the four year period prior to the date of filing. However, the four year SOL does not apply to debts based on "instruments signed under seal," and it wouldn't at all surprise me if your obligation to your HOA is based on such an instrument.

I strongly suggest you consult with a local attorney for advice -- especially since your post suggests that you might want to file a counterclaim.

 

[mightymoose]

Do you use the roads that are maintained by the fund?
Is your road more of a driveway than a road everyone uses?