#361-O, Lakomiec v. Greenfields at Brandermill Condominium (October 3, 1997) (Panel: McCabe, Goodman, Price)

The condominium owners (CO) filed a complaint seeking a ruling from the Commission that their application to construct certain changes to their unit was approved because the condominium association (CA) failed to act on it within 60 days as required by the CA governing documents. 

After the complaint was filed and the Commission accepted jurisdiction, the CA notified the Commission that the CA would not oppose the improvements described in the application.  However, the CO insisted on a hearing so that they could be granted a refund of their $50 filing fee pursuant to Chapter 10B-13(d) (3) of the County Code.

The hearing panel, on its own motion, cancelled the hearing and found that based on the CA's notification, the dispute was moot, and ruled that because it was moot, there was no basis for a refund of fees or costs to the CO.  The panel ordered that the application was deemed to have been approved by the CA, and each party was to pay its own costs and fees.