Pocono Springs Civic Association, Inc. v. Mackenzie

446 Pa.Super. 445, 667 A.2d 233 (1995)

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Nature of the Case

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Facts

MacKenzie (D) purchased a vacant lot at Pocono Springs in October 1969. They decided to sell the lot in 1987. An offer to purchase was predicated on the ability of the soil to perc. It did not, and the sale was lost. D claims they then abandoned the lot and that relieved them of any duty to pay association fees due to the Civic Association (P). D did a number of items to clearly indicate that they had abandoned the lot; did not pay taxes, tried to give it to P, tried to give it away as a gift, and mailed a signed, notarized statement to all concerned that they have abandoned the lot. P sued D for association fees and got a summary judgment for $1739.82. D appealed claiming abandonment.