Secured the dismissal of an Unfair Trade Practices Consumer Protection Law claim.
The condo association brought suit against its former property manager, alleging 23 theories of wrongdoing and claiming over $1.5 million in damages. Early mediation was unsuccessful, due in large part to a six-figure claim for attorney’s fees. Preliminary objections were filed on the basis that property management services provided to a condominium association are not “primarily for personal, family or household purposes,” as required for a UTP claim. The trial court agreed that the case is distinguishable from Superior Court precedent, where it has been held that a condo association can bring UTPCPL claims in a representative capacity for its members, and dismissed the claim. A motion for reconsideration was similarly denied.