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CCOC Decision Summary

#749-O, Shelby v. Riviera of Chevy Chase Condominium (Nov. 30, 2005)

The Homeowner (HO) filed a complaint against the Condominium Association (CA) for improperly taking away from him one of the two parking spaces he purchased from the former owner of his unit and assigning it to another unit owner. After a public hearing, the Commission found that the disputed parking space was originally assigned to a different unit and that this assignment was contained in the original Declaration of the CA, filed in the County's land records in 1979. The Commission further found that there was no record of any kind showing that the disputed parking space was ever transferred or sold by its unit owner to the HO or to the prior owner of the HO's unit; nor did the CA ever take a formal action to transfer the disputed parking space to, or from, the HO's unit. Therefore, the Commission concluded that this dispute was essentially a dispute over title to the parking space, and that the Commission had no jurisdiction over title disputes under Chapter 10B, Section 8(4) of the County Code. The Commission further found that it had no jurisdiction over the dispute because under Section 10B, Section 8(3), there was no evidence of any action, or failure to act, of the CA's board of directors regarding the disputed parking assignment. The Commission therefore dismissed the HO's complaint.

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