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CCOC Decision Summary

#690-O, Meldrum & Kastner v. Americana Finnmark Condominium Association #690 (May 4, 2005) (Panel: McCabe, Havlicek, Williams)

The unit residents complained of harassment, discriminatory and inconsistent treatment, and lack of due process by the condominium association, and disputed the association's authority to fine them.  They also, in a later filing although not in the original complaint, requested an award of attorney fees.

Prior to the hearing, the association refunded the fines it had imposed and the homeowners vacated the community.

The hearing panel ruled that the dispute was moot and should be dismissed without a hearing because the association had refunded the fines.  Moreover, since the homeowners were no longer residents of the community, they were no longer subject to the association's authority and had no legal interest in how the association operated.

The panel also denied the complainants' request for legal fees.  The Maryland Condominium Act allows for the award of attorney fees to a "prevailing party in an action."  Since the matter is moot, there is no "prevailing party."

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