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#707-O and #725-O, Ingeborg Contradt v. Rock Creek Apartments Condominium II (February 22, 2006) (Panel: Van Grack, Kivitz, Negro)

The homeowner (HO) filed several complaints against her homeowner association (HOA) which were consolidated and heard together by a single Panel.The HO complained that the HOA was violating its rules by failing to call a special meeting, improperly conducting its 2004 election, failing to make HOA documents available, misusing funds, converting the common elements into private property, and improper budget procedures.

The Panel held 4 separate hearings on the matter.The Panel ruled against the HO on all counts.As to the special meeting, the Panel found that the HO did not properly request it under the rules.The issue of the 2004 election was moot because a new election was held in 2005.Although the HOA did delay providing documents, it did eventually provide all the ones in its possession.There was no improper conversion of the common elements because although the board of directors agreed to consider a plan, it never adopted the plan or made any changes to the common elements.There was no proof that HOA funds were misused.

In spite of the fact that the Panel found no substantial violations by the HOA the Panel felt strongly that both parties were at fault in making the proceedings necessary and in causing them to be as lengthy as they were.The Panel criticized the HOA for the "arrogance and rudeness" that certain members of its board of directors displayed towards the HO, and noted that the HOA conducted its business in a confusing and inconsistent way that helped to give rise to the HO's complaints.Therefore the Panel denied all requests by both parties for sanctions and attorney fees, and strongly recommended that both parties take training in how to operate a condominium association.The Panel ordered the HOA to provide a copy of its decision to all the members, to establish clear written policies for holding elections and conducting board operations, and to require its management agent to provide regular financial statements.

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