#502-O, Logan v. Montgomery Knolls Community Association (September 6, 2002) (Panel chair: McCabe)

The homeowner (HO) disputed the parking policy of her community association (CA) that assigned her an inconvenient parking spot and also complained that the CA did not enforce its rule prohibiting the parking of commercial vehicles.

The evidence at the hearing showed that the CA had amended its parking policy to assign a second reserved parking spot to every owner, but it did not file a copy of the new policy with the Homeowner Association Depository as required by Section 11B-112 of the Maryland Homeowner Association Act.  It also showed that the HO was not informed of her parking assignment until after the new rule was adopted, although other homeowners had been given the right to discuss their assignments before any decisions were made.  The evidence further showed that 7 taxicabs were routinely parked at the CA and no action ever taken against them.

The panel ruled that the new parking rules were unenforceable until they were properly deposited in the Circuit Court.  It also ruled that the CA must reconsider its decision concerning the parking assignment given to the HO and ensure that the assignment was fairly made.  Finally, the panel ruled that taxicabs were commercial vehicles within the meaning of the CA's own rules and that the CA must take action to keep them out of the community parking lots.  The panel refused to order the CA to provide a specific new parking space to the HO, however, ruling that that sort of decision was left by law to the discretion of the board of directors.