KLF Summer 2011 Newsletter.Pub

TOSHIBA KLF Legal Briefs SPECIAL POINTS OF VOLUME 2, ISSUE 3 SUMMER, 2011 INTEREST: • HOA’s can be responsible for covenant enforcement. The Perils of Covenant Enforcement! • Covenant informed the lot owners that the tive covenants in question. enforcement Most planned communities in should be Pennsylvania are governed by a landscaping and stone wall inter- On appeal, the Commonwealth narrowly set of restrictive covenants that fered with the Association’s util- Court concluded that the trail tailored. govern the use of each individual ity easement and road right-of- court erred in granting a perma- lot owner’s property. Covenant way in violation of certain re- • KLF has been nent injunction. The Court also enforcement can fall on the strictive covenants. When the active in nego- held that the Association had lot owners refused to remove tiating en- homeowners association, as well failed to show a clear right to dorsement as individual lot owners if they so the stone wall and landscaping, injunctive relief due to the fact agreements. choose. A recent Common- the Association sued. The trial that the Association had not wealth Court of Pennsylvania court issued a permanent injunc- proven a violation of the cited • Stargell Stars decision, Big Bass Lake Com- Wine-Tasting covenants. The Court concluded munity Association v. Warren, event spon- that the covenants did not pro- sored by KLF. sheds some light on the perils of hibit landscaping projects within overreaching by some associa- the utility easement, and did not tions in covenant enforcement. prohibit the lot owners from INSIDE THIS In the Big Bass Lake case, lot using the road right-of-way, as ISSUE: owners began a landscaping pro- the covenants specifically gave lot tion and ordered the lot owners ject in front of their property owners in the development the to remove the landscaping and Covenant En- 1 that included a stone retaining right to use the roads. stone wall. The trial court found forcement wall approximately 2 feet high that the landscaping and stone Homeowners associations might and 50 feet long, and a raised wall violated the Association’s want to take note that covenant ground planter. Shortly after the Endorsement 1 utility easement and road right-of enforcement should be narrowly project began, a representative of Agreements -way in violation of the restric- tailored to avoid both costly the homeowners association litigation and big headaches. “Stargell Stars” 2 Wine-Tasting Koeberle Law 2 Recent athlete endorsement deals! Firm, LLC Negotiating and drafting athlete duction into the Pro Foot- endorsement agreements is a big ball Hall of Fame this Au- part of the work of attorney gust; Brian Koeberle. This summer • Al Kaline: Topps Trading has been a busy one for the Cards; sports attorney, as evidenced by the following highlights of some • VottO’s: Joey Votto cereal of his most recent athlete en- to be released April 2012; dorsement deals: • Justin Verlander’s Fastball • Faulk Flakes: Commemo- Flakes: Set to debut in rating Marshall Faulk’s in- Detroit in 2012. The Koeberle Law firm is a boutique firm ca- Koeberle Law Firm, LLC tering to the legal needs of both small busi- nesses and individuals. We strive to bring af- 3 Penn Center West Suite 411 fordable, efficient and effective legal services to Pittsburgh, PA 15276 our clients in a timely and personal manner. Phone: 412-788-9554 We are entrepreneurs and business owners. Fax: 412-788-9553 We are family-oriented and compassionate at- [email protected] torneys. And we are dedicated advocates for www.koeberlelaw.com all of your legal needs. For further information, www.yoursportslawyer.com please contact Brian Koeberle at 412-788-9554 “Personal service at an affordable cost” or email me at [email protected]. • This newsletter is only intended to provide www.koeberlelaw.com general information and is not intended to provide specific legal advice. Stargell Stars Wine-Tasting Event co-sponsored by KLF! The “Stars” came out on June 22 in Also in attendance were Pirates Presi- Pittsburgh to honor the late, great dent Frank Coonelly, noted sports Willie Stargell and raise funds for The agent Tom Reich, and former Pirates Willie Stargell Foundation. The owner Kevin McClatchy. “Stargell Stars Wine-Tasting” was The event also served as the unveiling held at the Roberto Clemente Mu- of the 2008 Willie Stargell Caber- seum at historic Engine House 25 in net produced by Engine House 25 the Lawrenceville neighborhood of Wines. Musical entertainment was Pittsburgh. The Koeberle Law Firm provided by Pittsburgh-based Jazz/ was proud to have co-sponsored the Blues singer Jessica Lee. A highlight event along with the Pittsburgh Pi- of the evening was a performance by rates and several other Pittsburgh- actor Greg Kenney portraying Willie based companies. Stargell. The event was produced by attorney Brian Koeberle serves as Mrs. Brian Koeberle’s sports and enter- Stargell’s personal attorney and agent, tainment marketing company. Joining handling all licensing and endorsement Willie’s widow Margaret Weller- contracts related to the usage of the Stargell at the event were members name and image of Willie Stargell. of the 1971 World Champion Pitts- burgh Pirates, along with Steelers The Willie Stargell Foundation was Legend Franco Harris, Actor David founded by Margaret Weller-Stargell Conrad, and current Pirates Manager to raise funds and provide treatment Clint Hurdle along with Pirates Play- Margaret Stargell and Franco Harris for individuals suffering with kidney ers Neil Walker and Jose Tabata. disease. .

Load more