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CCOC CASE SUMMARY

#27-07, Hess v. The Tiers at Wheaton (April 23, 2008) (Panel: Koenig, Leeds, Negro)

The condominium owner (CO) complained that the condominium association (CA) was allowing erosion in the common areas that endangered a large old ornamental cherry tree next to her unit.The CO did not answer the complaint.

Pursuant to its Default Judgment Procedures, the hearing panel issued a default order against the CA, giving it 30 days to show cause why a final judgment should not be issued against it.The CA again did not respond.At the request of the hearing panel, the CCOC staff investigated the site, and concluded that there was erosion in the area of the tree, which was made worse by the fact that the retaining wall below the tree was beginning to fail.The hearing panel issued a default judgment against the CA, ordering it to rebuild the wall to a height that would prevent further erosion in that area.

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