#494-O, Oshinsky v. Timberlawn South/Tuckerman Walk Homeowners Association (July 25, 2001) (Panel: Hickey, Perlingiero, Maloney)

The homeowner (HO) complained that the current parking policy of the homeowner association (HOA) was inadequate, and should be changed to provide reserved spaces to every homeowner as well as a longer time period in which improperly parked cars could be towed.

The evidence at the hearing showed that the HOA had 139 non-reserved parking spaces for its 69 units and that it towed cars without the proper permits between midnight and 6 a.m.From time to time there was a shortage of parking space due to parties or social gatherings in the members' homes.The evidence also showed that usually there were several free spaces in the HO's own block. There was also free space on a public road within 2 blocks of the HO's home.The board of directors had, for several years, considered different parking rules but ultimately decided to keep the one currently in effect.The hearing panel concluded that the current parking policy had been properly adopted.

The panel held that in the absence of proof that the board of directors acted in bad faith or fraudulently, the law required them to uphold the decision of the board so long as it had a reasonable basis, citing Black v. Fox Hills North Community Association, 599 A.2d 1228 (Md. App. 1992).A review of all the evidence showed that the board's decision not to change the parking rules was not arbitrary or capricious.The panel therefore refused to order a change in the parking rule.