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CCOC Decision Summary

#376-O, Meisnere v. Whitley Park Condominium (August 9, 1998) (Panel: Philbin, Price, Wilson)

The condominium owner (CO) challenged new parking rules issued by his condominium association (CA) as being arbitrary and unreasonable.

The evidence at the hearing showed that the CA recently adopted a rule limiting the use of certain parking spaces to "guests only" from 12 pm to 8 pm.  These spaces were Limited Common Elements assigned to the CA by the developer; and the Bylaws specifically allowed the CA to set parking rules.  The CO claimed that these spaces had been promised to him, but there was no corroborating evidence for his claim.  The parties agreed that there was almost always ample parking space available except on certain holidays, and that the purpose of the new rule was to ensure space for visitors attending parties or other social events in the community.

The hearing panel ruled that under Maryland law, "house rules" such as this one must be upheld if they are reasonable, consistent with the governing documents, and properly adopted.  The parking rule was properly adopted, was consistent with the bylaws, and was within the authority of the CA to adopt.  The rule would only cause a parking shortage a few times a year, if then.  The panel held that the new rule was reasonable and valid.

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