The Automatic Stay
In accordance with Montgomery County Code, Chapter 10B-9A and COMCOR, Chapter 10B.06.01.03(c):
- Once a complaint is filed with the Commission on Common Ownership Communities (“CCOC”), a “hold” or “stay” is automatically imposed on any association decision that is the subject of the complaint.
- The association may not take any action to enforce or implement the disputed decision(s) until the CCOC either lifts the stay or decides the case.
- Questions about what decisions are “stayed” should be submitted to staff by e-mail at [email protected], and will be referred to a “lift-stay panel” designated by the Commission Chair for a response.
- A violation of the automatic stay is a violation under the County Code, punishable by a civil fine of $500.00. Each day that a violation continues is a separate offense, and may subject the violator to multiple citations of $500.00 until the violation ceases.
- The stayed association may ask the CCOC to lift the stay by submitting a written request.
- The request must be accompanied by a copy of a signed receipt indicating the date and manner of delivery (by hand or by certified mail) to the other party named in the dispute.
- The other party has ten (10) calendar days after receiving a copy of the request to submit their written opposition, if any, to lifting the stay. The same delivery procedures are required.
- The request to lift the stay may only be granted if the “lift-stay panel” finds that
- enforcing the stay would result in undue harm to the association, and
- lifting the stay will not result in undue harm to the rights or interests of the member or resident.
- Any request to lift the stay that is neither granted nor denied by a panel within twenty (20) calendar days from the filing date will be considered granted by default. See the CCOC's "Procedures for Motions to Lift an Automatic Stay" on our Law Library website.
To read the Montgomery County Code and COMCOR regulations in full, go to American Legal Publishing's website.