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Commission on Common Ownership Communities

Minutes of the Monthly Meeting

April 2, 2014

(Approved)

The monthly meeting of the Commission on Common Ownership Communities was called to order at 7:05 pm by Chairman Elizabeth Molloy.

Present: Commissioners Molloy, Dubin, Mays, Zajic, Stone, Fishbein, Coyle, Brandes, Winegar, Cromwell, Weinstein, Ethier, Fonoroff (13)

Absent: Commissioners Alkon, Kabakoff (2)

Also attending: Associate County Attorney Walter Wilson; CCOC Staff Ralph Vines and Peter Drymalski; Gordon Klang.

            1. MINUTES.  The minutes of the March meeting were approved as drafted (Mays, Fonoroff, Weinstein abstaining).

            2. COMMUNITY FORUM:

OCP Director Eric Friedman was unable to attend due to an illness in the family.

            3. NEW CASES PRESENTED FOR REVIEW:

            The Commission voted unanimously to accept jurisdiction of ##49-13 and 04-14, Huber v. Thayer Towers Condominium, to deny the complainant’s motion for a default, to consolidate the two cases for a hearing, and to refer the matter to a hearing panel for further proceedings. 

            The Commission also voted unanimously to accept jurisdiction of #17-13, King v. Sandy Spring Village Condominium, and to refer it to a hearing panel for further proceedings.  The panel will be Ethier, Mays, and Zajic.

            4. REQUESTS TO THE COMMISSION:

            None.

            5. DECISIONS AND ORDERS ISSUED; OTHER LITIGATION:

            Staff summarized the decision in #73-12, Potowmack Preserve Inc. v. Ball.  Among other issues, the panel had to deal with the homeowner’s defense to a claim of architectural violations that the County either approved a permit for the work or else the County did not require a permit for the work.  The panel held that a homeowner had to obey both the County’s construction laws and the HOA’s architectural rules, and that permission to do the work from one source did not lessen the need to obtain permission from the other source.

            6. COUNTY ATTORNEY'S REPORT:

            None

            7. STAFF REPORTS:

            The staff reported that the county’s email security training requirement for board members has been suspended temporarily.

            Staff also reported that it is preparing the 2014 edition of the Guide to the Procedures and Decisions of the CCOC, and that it has begun the Spring edition of the CCOC Communicator.

            8. COMMITTEE REPORTS:

            Mr. Stone reported that  the General Assembly failed to pass SB 229/HB 412, which would have set maximum allowable fees for resale packages, due to a difference of opinion between the two houses as to the amount of the maximum fee.

            Ms. Ethier reported for the Annual Forum committee that preparations are complete for the April 26 Forum, and that all commissioners will be expected to assist.  She will circulate a “task list” on which members can sign up for specific duties that day.

            9.   OLD BUSINESS:

            10. NEW BUSINESS:

            In accordance with Section 10-508(a)(7) of the State Government Article. Maryland Code, the Commission unanimously voted in favor of a motion by Mr. Stone and seconded by Mr. Coyle to close the meeting at 8:00 P.M. for the purpose of seeking advice of counsel in responding to a letter dated February 14, 2014 that the Ethics Commission sent to the CCOC.  As the result of its discussion during the closed session,  the Commission made a final decision on what its written response to the Ethics Commission would entail.

            11. NEXT MEETING:  The next meeting will be Wednesday,  May 7, and the following meeting will be Wednesday, June 4.

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