Weber Dempsey v. Pintail Pointe Owners Ass'n
| Decision Date | 24 October 2022 |
| Docket Number | C. A. CPU6-20-000815 |
| Parties | JOAN C. WEBER DEMPSEY Defendant below, Appellant. v. PINTAIL POINTE OWNERS ASSOCIATION, INC., Plaintiff Below, Appellees. |
| Court | Delaware Court of Common Pleas |
Submitted July 18, 2022
Joan C. Weber Dempsey Pro Se, Appellant
Robert Valihura, Jr., Esquire Morton, Valihura & Zerbato, LLC Attorney for Appellees
The Honorable Rae M. Mims, Judge
This case is before the Court on appeal from a decision of the Justice of the Peace pursuant to 10 Del. C. § 9571.
On May 9, 2020, Appellee filed a debt action in the Justice of the Peace Court against Appellant.[1] On June 4, 2020, Appellant filed an answer as well as a request for a Bill of Particulars. On June 25,2020, the Justice of the Peace Court scheduled a pre-trial conference for July 14,2020. On July 14, 2020, the Justice of the Peace Court held the conference and scheduled the matter for trial on August 17, 2020. The parties appeared to be in settlement negotiations. On August 19, 2020, the Justice of the Peace Court scheduled the matter for trial on September 8, 2020. On September 9, 2020, the Justice of the Peace Court issued an Interim Order finding that prior to trial Appellee's legal counsel agreed to accept $727.50 from Appellant as payment for her Homeowner's Association dues and fees through September 30, 2020. In addition Appellee's legal counsel agreed to submit an Affidavit of Attorney's Fees to Appellant by close of business. Finally, the award of attorney's fees would be made by October 24, 2020.
On September 24, 2020, the Justice of the Peace Court found in favor of Appellee. Appellant had paid her Homeowner's Association dues, however, that left attorney's fees for Appellee's counsel. The Justice of the Peace Court held that Appellee showed they were entitled to recovery of attorney's fees. The Justice of the Peace Court held that Appellee had paid the fees to legal counsel and therefore Appellant would be held liable, and the fees were reasonable.
On October 5, 2020, Appellant filed an appeal de novo to this honorable Court. On November 3, 2020, Appellee filed a Complaint and on November 12, 2020, Appellant filed an Answer. On April 29, 2021, Appellant filed a Motion to Stay Execution of the Justice of the Peace Court order and Appellee filed a response on May 3, 2021. On June 15, 2021, Appellant filed a Motion to Disqualify Robert Valihura, Jr., counsel for Appellee, and Appellee filed a response on June 29,2021. On September 17, 2021, the Court scheduled both motions for October 5, 2021. On October 5, 2021, the Court continued the matters as the Commissioner had a conflict. On January 21, 2022, Appellant filed a request for the motions not to be heard on certain dates as she would be out of town. On March 30, 2022, the Court schedule a Motions hearing for May 25, 2022. Appellee asked for a continuance and the Motions hearing was scheduled for June 1, 2022.
The Court heard the Motion to Stay Execution of the Justice of the Peace Court Order and Motion to Disqualify Robert J. Valihura, Jr., Esq. In a ruling from the bench, the Court denied Appellant's Motion to Disqualify and denied Appellant's Motion to Stay Execution unless Appellant provided a supersedeas bond by surety or cash within 10 days. On June 8, 2022, Appellant filed bond in the amount of $2,748. At the end of the hearing, the Court scheduled the trial for July 18, 2022. On July 18, 2022, this Court held a trial de novo and reserved its decision. This is the Court's final decision after trial.
After hearing testimony at trial, the Court finds the relevant facts to be as follows:
This Court heard testimony from five witnesses and received documentary evidence from Appellant[2] and Appellee[3]. The witnesses included Sherry Lyons, Hayes Glanden, Donald Gentry, Nicholas DeMalto and Joan Dempsey.
Appellant resides at 29152 Finch Lane, Milton, DE 19968 located within Pintail Point community that is overseen by Pintail Point Owners Association, Inc., (Appellee) a Delaware corporation comprised of homeowners, charged with maintaining the common elements for the Pintail Point community - encompassing 39 single family home sites.[4] Appellant added her parents to her deed but maintains a 99% interest in the property with right of survivorship.[5] The deed states the property is subject to any and all restrictions, reservations, conditions, easements and agreements.[6] Under Appellee's "Declaration of Covenants, Conditions and Restrictions," subsection 15 H states, "If any Assessment is not paid on the date when stated to be due in the notice of assessment, then the Assessment shall be deemed delinquent, and if the delinquent payment is a periodic payment (i.e. monthly, quarterly, etc.), the entire assessment shall be delinquent, and shall, together with such interest thereon and cost of collection thereof, including reasonable attorney's fees, as hereinafter provided, continue as a lien on the Lot and any structure built thereon which shall bind such Lot in the hands of the Owner, his heirs, devisees, personal representatives, successors and assigns."[7]
Hayes Glanden (Glanden) served as the former president of Appellee. He, along with Appellant were members of the 5-person governing body of Appellee. As part of its governing duties, Appellee designated a management company to collect the assessment fees for the community of Pintail Point. Glanden testified on or about 2016 Appellee hired Seascape as the management company and assessments were due twice a year. Appellee hired Signature Property Management, Inc. on or about 2018 and assessments were quarterly. Currently, Tidewater Property Management serves as Appellee's management company and assessments are quarterly. Glanden testified he knew Appellant arranged to pay her assessments yearly with Seascape and Signature. Appellant admitted that is the arrangement she had made with those management companies and typically paid $1485. Appellant failed to pay her assessments at a set time.[8] Appellant paid May 12, 2015 for that year, paid October 8, 2016 for that year, paid August 27, 2017 for that year, and December 12, 2018 for that year.[9]
Appellant admitted she failed to pay her assessment in 2019 nor did she know that there was an increase in fees. Signature Management Company mailed a statement of account to Appellant for the period of January 1, 2019 through April 20, 2020 stating Appellant owed $2,809.39.[10] The statement stated that payments were due April 1, 2020 and would be considered late by April 30, 2020.[11] On April 21, 2020, Bobby Spencer, the Assistant Property Manager at Signature Property Management, emailed Robert Valihura, legal counsel for Appellee, stating that [12] Glanden, as president of Appellee, approved Signature sending the letter of collection to Appellant.[13] Glanden testified he did not realize the collection letter meant legal action. However, he approved payment for invoices sent by Appellee's legal counsel, Morton, Valihura and Zerbato starting April 23, 2020.[14]
On May 19, 2020, Appellee files a debt action in the Delaware Justice of the Peace Court for the $2,809.39, $43.75 for court costs and attorney's fees pursuant to the Declaration for the Pintail Pointe community.[15] Appellee served Appellant through certified mail on May 22, 2020.[16]On May 27, 2020. Appellant submitted a check to Signature Property Management for $1485 for assessments for 2019.[17] In addition, Appellant submitted a check on this same date to Signature Property Management for $1005 for the 2020 yearly fees of $525 and the sewer fee of $480.[18] Appellant never contacted Appellee prior to the debt action being filed. Nor did Appellant contact legal counsel for Appellee after the legal action was filed. Appellant submitted a check to Signature Property Management on September 4, 2020 for $727.50.[19] Signature Property Management mailed a statement of account to Appellant for the period of January 1, 2020 through October 8, 2020 stating Appellant still owed $500.89 after Appellant's three payments that would be due October 1, 2020 and would be considered late by October 31, 2020.[20] On November 10, 2020, Appellant submitted a check to Signature Property Management for $454 for the assessments for the remainder of 2020.[21] Signature Property Management mailed a statement of account to Appellant for the period of October 22, 2020 through November 30, 2020 stating Appellant, after her payment of $454, owed $2,388.09 due by October 1, 2020 and would be considered late by October 31, 2020.[22]
Glanden testified Appellant reached out to him after the Justice of the Peace Court awarded in Appellee's favor for help with the new property management group, On December 20, 2020, as he was ending his tenure as president of Appellee, he sent a letter to Don Gentry at Tidewater Property Management about Appellant's case stating he never authorized Signature Property Management to hire an attorney to file suit against Appellant.[23] Glanden further stated that if this continues Appellant may be forced to obtain an attorney and Appellee may have to pay fees which they cannot afford.[24] Glanden admitted he approved the payment of fees to legal counsel. Glanden believed the Affidavit of Attorney's fees was sent to and approved by him. Glanden admitted he did not look at the invoices or the Affidavit, however he knew that attorney's fees had been requested as part of the judgment against Appellant. Glanden testified that he understood the community of Pintail Pointe would...
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