Skip to main content

Decisions and Orders Main Page

CCOC Decision Summary

#68-10, Cloverleaf Townhome Condominium Ass'n. v. Patel (August 1, 2011) (Panel: Alkon, Molloy, Whelan)

The condominium filed a complaint alleging that the unit owners had installed basketball equipment, a room under their deck, and a shed without permission and asked for an order requiring that they all be removed.  The unit owners did not respond to the complaint and the condominium asked for a default judgment against them.

The hearing panel granted the judgment as to the room under the deck and the sports equipment, but refused to grant judgment as to the shed.  Although the complaint listed all three items, the facts submitted by the condominium showed only that it had given the owners notice of violation and a hearing on the sports equipment and the room under the deck, and did not mention the shed as an issue.  The panel held that the condominium had failed to exhaust its internal remedies as to the shed by not giving notice that the shed was a violation.  The panel dismissed the complaint as to the shed but noted that the condominium was free to file a complaint against the shed once it gave the unit owners notice and the opportunity to be heard on that issue.

Go Top