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Mt. Pocohontas sues for fees

Three Clarks Summit limited liability companies that in 2011 took ownership of 74 lots in the Mt. Pocahontas development in Penn Forest Township, have been named defendants in three separate civil complaints filed recently in the Carbon County Court of Common Pleas.

In each of the cases, the Mt. Pocahontas Property Owners Association Inc., 386 Old Stage Road, Albrightsville, is the plaintiff.Named as defendants are IDFM LLC; GRCCOMO LLC; and DOMOCC LLC, all which carry an address of P.O. Box 816, Clarks Summit.The suits generally state the defendants have refused to pay appropriate shares of charges and assessments that other property owners in the development pay.In each case, the MPPOA is seeking $25,000 for each of five counts charged against the limited liability companies.The complaints are similar in nature in that they contend that a party which takes title to properties in the development do so subject to covenants, conditions and restrictions of record on behalf of the property owners' association. Specifically, the covenants require all grantees, such as the defendant, to abide by the rules and regulations and to pay annual dues and assessments to the association.The complaints allege the MPPOA and its members incur various expenses relating to maintenance of the common areas of the development, in which the defendant and others benefit. The plaintiff contends it is inequitable and unconscionable for the defendant to retain the benefits of the expenditures of the association without payment of a ratable share of the costs.In a suit against IDFM, the plaintiff states the defendant took title to 12 lots in the development and that the the defendant has $16,091.57 in unpaid charges and assessments, including $1,504.83 owed on eight of the lots, $1,474.42 on two others, and $1,104.07 on the remaining two lots.In the complaint against GRCCOMO, LLC, the plaintiff states the defendant took title to Lot 2372, Section MV, and has not paid $1,104.07 in charges and assessments.And the complaint against DOMOCC states the defendant took title to 61 lots in the development in 2011 and that the defendant owes $64,601.47 in unpaid charges and assessments, including $1,055.47 on each of 60 lots and $1,273.27 on the other parcel.The suits were filed by Attorney Nicholas C. Haros of Stroudsburg, on behalf of the property owners' association.