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CCOC Decision Summary

 

Boveja v. West Spring Condominium #83-14 (January 20, 2016) (Panel: Fleischer, Zajic)

This is a dispute over whether the Condo properly denied permission to convert a window opening onto a balcony into a doorway so that the unit residents could use the balcony. The complainant claimed that the Condo lost its right to deny his application for the change because it failed to act on the application within the deadline imposed by the governing documents.

The panel held a full hearing on the merits and issued a decision in favor of the complainant. The Condo then timely filed a motion for reconsideration of the decision on the grounds that the complainant was not the owner of the unit or entitled to represent the owners.

The uncontested evidence showed that the owners of the unit were the complainant’s wife, son and daughter in law, and that they had given a power of attorney to the complainant. However, complainant was not an attorney licensed to practice law.

The hearing panel held that under Maryland law, no person can represent another person in a court or administrative proceeding unless the representative is a licensed attorney, and that if the representative is not an attorney the entire proceedings are a nullity. The panel therefore granted the motion for reconsideration, vacated its decision, and dismissed the complaint.

[NOTE: see also decision in #24-14, Prue v. Old Georgetown Village Condominium.]

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