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CCOC Decision Summary

#813-O, Supik v. Milestone II Townhouse Condominium Association (November 9, 2006) (Panel: Dymowski, Maloney, Negro)

The homeowner (HO) filed a complaint alleging that the condominium association (CA) wrongly forced him to repair storm damage when the damage should have been covered by the CA's insurance, improperly charged him penalties for his delay in making the repairs, improperly charged him for attorney's fees when the rules did not provide for such fees, did not enforce its architectural rules consistently, and failed to give him access to the CA's documents.

The issues of storm damage repairs, penalties, and attorneys fees were resolved directly by the parties after the hearing in this dispute began.

The panel heard evidence on the remaining issues, which were not settled.Although the HO provided photographs of alleged architectural violations elsewhere in the community, he did not know whether the CA had taken any enforcement action against those units and the CA's manager testified that the CA was enforcing the rules.The panel concluded that there was insufficient evidence of lack of enforcement by the CA, and denied this claim.

The evidence showed that the HO had requested the names of the CA's directors and members of its architectural committee, and that the CA's only response was to refer him to its web site.The panel ruled that this was a violation of the Maryland Condominium Act, which requires the CA to make the records available for inspection at its offices.The CA agreed to provide this information within 10 days after the hearing. It did so, and the panel deemed the Complainant's claim satisfied.

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