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CCOC Decision Summary

#231-O, Goosh-Mosches v. Grosvenor Park Homeowners Association, Inc.and Grosvenor Park II Condominium Association (June 30, 1994) (Panel: Stevens, Gordon, Sullivan)

The condominium owner (CO) in the Grosvenor Park III Condominium Association filed a complaint against the Grosvenor Park Homeowners Association (GPHAO) and the Grosvenor Park II Condominium Association (GPII), asking that the GPII be ordered not to interfere with the operations of a greenhouse located on its property and that the GPHOA be declared the sole authority over the greenhouse.  The GPHOA is a master association, to which the CO's association and the GPII both belong.  The complaint further alleged that the GPHOA violated the rules by failing to preserve and maintain the common elements, specifically the greenhouse.

The panel "disregarded" the complaint against the GPII, because the CO is not a member of it.  [Editor's note:  Under Chapter 10B, Section 8, the only parties to a complaint can be the association, its unit owners, and its residents.]

The Commission staff notified the GPHOA of the complaint April 28, 1993, asking for a response within 10 days; the GPHOA replied on May 6, 1993, that it had removed the greenhouse May 1 and that the GPII board had approved this action.

The evidence at the hearing showed that under the GPHOA declaration, the 3 condominium associations, and it further gives the right to enforce the declaration to each member.  In March, 1993 the GPII board notified the GPHOA board that it would raze the greenhouse and invited a response, but received none; and it then voted on April 12, 1993 to raze the building.

The hearing panel held that the CO did not have the right to enforce the HOA declaration, because under the declaration the only members of the GPHOA were the 3 condominium associations.  "Unit owners must seek redress through their Council of Unit Owners," and the CO should have asked her own association, the GPIII, to oppose the razing of the greenhouse.    A unit owner does not have standing to bring an action to enforce any obligation of the master association, and no member of the GPHOA was a party to this case.  Therefore, the panel dismissed the complaint.

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