The Pennsylvania Superior Court recently addressed an interesting question related to a litigant’s efforts to compel arbitration. The nonprecedential decision in Franklin Towne Charter High School v. Arsenal Associates, (No. 2306 EDA 2017), filed on March 11, addresses a declarant’s request that a condominium owner, litigating breach of contract claims against a limited partnership seller, be forced to submit to binding arbitration, pursuant to a declaration of condominium.

The underlying facts are relatively straightforward. Franklin Towne Charter High School owns four condominium units at the Arsenal Condominium. Mark Hankin is the general partner of Arsenal Associates, L.P (hereinafter L.P.), the developer and declarant. The L.P. owns the majority of the units and controls the Arsenal Condo Association. But the claims that form Franklin Towne’s lawsuit are based, in part, on an agreement of sale for the purchase of one its units. In the underlying Philadelphia Court of Common Pleas matter, Franklin Towne sued the defendants on several theories. Seeking both injunctive and monetary relief, Franklin Towne contended that defendants Arsenal Associates L.P. and Mark Hankin had breached the purchase agreement for Unit 215, along with their fiduciary duties, in failing to provide Unit 215 with the agreed upon 600 amps power so it could be used as a gymnasium and additional classroom.

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