This case was sent to the
Appetite Court in Philadelphia and is pending Court action.
Ed Nikles Custom Builders & Pike County
Conashaugh Lakes Community Association
Pike County Courier > News
The Conashaugh Lakes Community will
not be required to increase the weight limits on its roads to accommodate
Nikles Realty Inc., Ed Nikles Custom Builder Inc. and the Pike County
Builders Association were all plaintiff’s in the court hearing requesting
an injunction against Conashaugh Lakes Community Association. Conashaugh
has a “spring thaw” weight limit of 10,000 pounds on construction vehicles
entering the community.
In a July 16 decision set down in
the Pike County Court of Common Pleas, Judge Joseph Kameen denied the
plaintiff’s petition for preliminary injunction.
Nikles claimed that Conashaugh’s “spring thaw ban” of trucks over 10,000
pounds, as written in the rules and regulations of the community, would
cause delays in construction, loss of work and other costs which could not
be calculated. Nikles filed an injunction against Conashaugh last March
claiming this restriction violated the Uniform Planned Community
Association Act 180 of 1997, which states a 20,000 pound weight limit for
that same period should be in place.
Conashaugh Lakes Community Association Board President John Crerand
testified that Conashaugh’s weight limit ban was put into place in 1995,
prior to the 1997 UPCA weight limit restriction. Crerand also showed
photographs of the damage caused to the roads within the community by
In the decision made by Kameen, he noted that all association members,
home and/or property owners must abide by the community’s bylaws which
were in effect in 1986. He also noted that members must also, as stated in
the bylaws, obey at all times the rules and regulations of the community.
Since those rules limit the spring thaw weight limit to 10,000 pounds for
members, a contractor’s rights of access should not exceed that of owners.
Kameen ruled that the injunction sought by Nikles would do more harm than
good and therefore the injunction was denied.