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Commission on Common Ownership Communities

Minutes of the Monthly Meeting

August 7, 2013

(Approved)

The monthly meeting of the Commission on Common Ownership Communities was called to order at 7:07 pm by Chairperson Elizabeth Molloy.

Present: Commissioners Molloy, Kabakoff, Zajik, Weinstein, Fonoroff, Brandes, Cromwell and Stone.  (8)

Absent: Commissioners Fishbein, Whelan, Alkon, Ethier, Winegar, Coyle, Dubin.

Also attending: CCOC Staff Ralph Vines and Peter Drymalski; Associate County Attorney Walter Wilson, Esq.; Ruby Tang, Greg Viola, Esq., Ann Stohlman, Candace Brenner, Barbara and Frank Kalin.

            1. MINUTES.  The minutes of the July, 2013 meeting were approved as drafted (Brandes, abstaining).

            2. COMMUNITY FORUM:

            None.

            3. NEW CASES PRESENTED FOR REVIEW:

            The Commission voted unanimously to accept jurisdiction of #22-13, Tang v. The Elizabeth; and of #24-13, Kalin v. Normandy Hills HOA, and to refer them to hearing panels for further proceedings.

            4. REQUESTS TO THE COMMISSION:

            Staff received a citizen request for sample resale packages. Ms. Cromwell offered to send samples that could also be posted online.

            5. DECISIONS AND ORDERS ISSUED; OTHER LITIGATION:

            Staff reported on 3 recent Commission decisions.  In #51-11,Brown v. Americana Finnmark Condominium, the hearing panel upheld the OZAH officer's recommendation that a condominium is not required to prepare reports that organize the different kinds of data in its computers, it need only provide the raw data itself, and that the Condomimium has the discretion to use a historical method of preparing budget projections rather than some other method; but the panel overruled OZAH and held that the Condominium must disclose the names of its members who were delinquent in their assessment payments.

            In #69-10, Bodmer v. Potomac Meadows, the hearing panel held that an association cannot claim the protection of the business judgment rule when it did not take action on one member's complaints against another member, because the association was not able to show that its board of directors ever considered, and made a decision on, the member's complaints.  The panel ordered the board to formally investigate the complaints, to hold a hearing upon them and to state in the minutes what action it would take, or not take, and why.

            In #06-12, Davis v. Chevy Chase Condominium, the hearing panel refused to award attorney fees against a complainant who failed to appear for her own hearing.  The panel explained that the complaints were not, on their face, frivolous; and the Condo would have had to defend itself anyway if the complainant had attended the hearing.

            6. COUNTY ATTORNEY'S REPORT:

            Mr. Wilson reported that the County Executive had made no decision yet on whether to intervene in any pending appeals.

            7. STAFF REPORTS:

            The staff circulated the monthly statistical report and stated that the videos had been reviewed and should be in final form by the end of August.  Staff will be speaking at a community forum organized by Abaris Realty on October 5.  The contract between CAI and the CCOC has been finalized and signed, and the next step will be to select dates for the two day-long seminars.

            8. COMMITTEE REPORTS:

            Ms. Cromwell reported for the Annual Forum Committee.  It is considering one of three themes: covenant enforcement; financial planning and reserve studies; and soliciting volunteers.  Given the late date, the Forum will be held in late winter or early spring.  Mr. Weinstein asked the committee to consider the availability of the same room used last year (the King Farm Community Room).

            The Legislative Committee was not able to meet.

            9. OLD BUSINESS:

            None. 

            10. NEW BUSINESS:

            None

            11. NEXT MEETING:  The next meeting will be Wednesday, September 11, and the following meeting will be Wednesday, October 2.

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