What Should You Expect after you Submit a Complaint?​

1. Once a complaint is filed with the Office of Common Ownership Communities (OCOC), the staff conducts an initial review of the complaint for completeness and confirms that the association involved in the dispute is registered with Montgomery County. 
2. If the dispute is clearly not within the Commission’s authority, the staff refers the case to the Commission with a recommendation for declination. The filing fee is returned with the declination notice. Otherwise, the complaint is given a number and assigned to an investigator.
3. The investigator conducts an in-depth review and determines whether to accept the complaint based on the provisions of Montgomery County Code, Chapter 10B. If accepted, a copy of the complaint is mailed to the responding party (Respondent) with a request for a reply to be filed with the OCOC within thirty days from the date the notice is received. 
4. If the Complainant is a member of a community association and the Respondent is an association, a stay of the association’s action is automatically issued. The association may not take any action to enforce its decision until the Commission lifts the stay, dismisses the case, or otherwise resolves the conflict. The association may submit to the Commission a request to lift the stay. The association must provide a copy of its request to the Complainant who may file an opposition to the request within ten days. Additional reading: The Automatic Stay
5. If the Respondent fails to reply to the complaint within thirty days, the staff sends a notice to the Complainant, and a copy to the Respondent, advising the complaining party of its right to request an order of default judgment without a hearing. The staff presents the case to the Commission as a default case at its next scheduled monthly meeting and sends a Notice to Consider Jurisdiction to both parties. Additional reading: Failure to Reply
6. If the Respondent replies to the Complaint within the allotted time, with a copy of the response sent to the Complainant, the staff attempts to schedule a mediation session immediately upon receipt of the response. The OCOC provides a qualified mediator or refers the parties to the Conflict Resolution Center of Montgomery County and sends a Mediation Notice to the parties.
7. If the mediation is successful, the mediator prepares a resolution agreement. Once both parties sign the agreement, the OCOC closes the case. Settlement of a dispute by mediation agreed to by the parties means both parties must do whatever they promise in the agreement. In case a party refuses to sign the agreement, the mediation is deemed unsuccessful. 
8. If the mediation is unsuccessful, or if any of the parties rejects the mediation, the staff refers the case to the Commission for consideration of jurisdiction. The staff sends a Notice to Consider Jurisdiction to both parties who may attend the Commission meeting during which their case is considered.
9. Commissioners review the complaint, the Respondent’s response, additional relevant documents, as well as a summary of the complaint and a recommendation to accept or reject the case prepared by the staff. Commissioners vote openly during the Commission monthly meeting to accept or reject jurisdiction. 
10. The Commission may return the case to the staff for further investigation or, in rare cases, refer the case to the Office of Zoning and Administration Hearings (“OZAH”) for a hearing conducted by a hearing examiner. Additional reading: Referrals to OZAH. 
11. If the Commission rejects the case, a Notice of Rejection is sent to both parties and the case file is closed thirty days thereafter. Any party may file a Motion to Reconsider within thirty days after the dispute is dismissed.
12. If the Commission accepts jurisdiction, the staff sends a Notice of Acceptance of Jurisdiction to the parties. A hearing date is scheduled, and a panel is assembled to hear the dispute. The panel consists of a chairperson and two commissioners. The staff sends a Summons and Notice of Hearing to both parties by regular and certified mail. The notice instructs the parties to attend the hearing, indicates the date, time and place of the hearing, and includes the names of the panel members. 
13. Complainant and Respondent may engage in a discovery process. The parties have fifteen days to send each other Interrogatories, which are questions to be answered in writing under oath, and requests for documents. Interrogatories must be approved by the hearing panel chairperson. Parties may also request, with the panel chairperson’s permission, that subpoenas be sent to witnesses. A subpoena is a legal document that orders a person to attend a hearing. 
14. Staff prepares an official case file, known as Commission Exhibit 1 (CE1), which is distributed to the parties and the panel members via email or as an online link prior to the hearing. Both parties should use and refer to the CE1, with its numbered pages, while presenting their case. 
15. At the hearing, a hearing panel, a staff representative, and the parties (with their attorneys and witnesses, if invited or subpoenaed) are present. The hearing is transcribed by a court reporter or recorded if conducted virtually. Both parties have an opportunity to present their testimonies and question the other party and its witnesses. The parties may introduce additional documentation into the record during the hearing. 
16. If any party does not appear at the scheduled hearing, the hearing panel may order any relief to the other party that is supported by the law and the facts.
17. After the hearing, within forty-five days, the chairperson, on behalf of the hearing panel, issues a Decision and Order. Both parties receive the Decision and Order by mail. Parties have ten days to file a Motion to Reconsider with the OCOC and thirty days to appeal the Decision and Order to the Montgomery County Circuit Court.
18. The Commission may enforce the Decision and Order by taking any appropriate legal action. If any of the parties fails to comply with the hearing panel’s order, the OCOC may sue the non-complying party in the District Court using the Civil Citation procedures. Additional reading: Failure to Comply.