The following is a brief over-view was prepared by the Connecticut Condo Owners Coalition on how Maryland deals with complaints by condo owners. It is very complicated, because how it plays out depends on which county you live in and, even then, there are two government entities that have jurisdiction over these issues.
Report on Montgomery County’s Common Ownership Community Law
This set up is complicated, because there are two levels at which complaints can be filed, the state and county level. The Office of Common Ownership Communities is part of Montgomery County’s Office of Consumer Protection, regulated by Code 10B. This law created a Commission on Common Ownership Communities and an Office of Common Ownership Communities with jurisdiction to handle disputes between two or more parties. The Commission and Office register all common ownership communities, offer a program to resolve disputes with adequate due process protections and regulate elections, budget adoptions and enforcement procedures. They also provide educational assistance to unit owners and board members.
Contact person: Peter Drymalski (240) 777-3716 (see: www.montgomerycountymd.gov/ccoc)
1. They will handle complaints from both associations and owners.
2. They are funded by an annual $3/door fee on 125,000 condo units and a $50 fee when a complaint is filed. Each association must register annually. Additional fees include fees for services, technical assistance, dispute resolution and a per unit fee to developers when documents are recorded.
3. The Office of Common Ownership Communities is staffed by 15 volunteer voting members, eight unit owners and seven from professions associated with common ownership communities, including attorneys, realtors and professional community association managers.
4. Unlike the state, they have the power to enforce their decision.
5. Individuals have the right to choose between filing with the state or the county. They offer mediation but if a party refuses to attend mediation a hearing is then scheduled and the dispute is heard by a 3 member panel. Decisions are binding on the parties, subject to judicial review
6. They offer education as well as dispute resolution
7. They have been in existence for nearly 25 years and were the first in the country to provide these services.
NOTE: This is only one county in Maryland, others offer a varying array of services from education to dispute resolution.
At the state level Common Ownership Communities disputes are handled by Office of Consumer Protection.
Contact person: Karen Straughn (410)575-7942
Some facts:
1. It has been running successfully for about 25 years.
2. Funded completely by taxpayers, no charges assessed against common interest communities.
3. A complaint is submitted by a condo owner the same as any other consumer complaint (Maryland has satellite offices all over the state where residents can go to file complaints). These complaints are reviewed by staff attorneys and are assigned to one of the 30-40 part-time volunteers who staff the office and contact parties to mediate a solution.
4. If mediation does not resolve the dispute, then arbitration is offered at no cost. Both parties must agree to participate and to binding resolution.
5. Any unlawful activities are referred to AG for prosecution.
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I would like to add that for more information on the Montgomery County program, those interested can visit the Commission’s website at:
http://www.montgomerycountymd.gov/ccoc
A good summary of the various relevant programs in Maryland is available at the website for the Maryland Homeowners Association:
http://www.marylandhomeownersassociation.info/Site/Problem_Resolution.html
I own a condo in a small complex. Eight units were built and then the developer was foreclosed by the bank. Two years later a new builder bought the property for half the mortgage. He now wants to build units much smaller than the original 8 and as shown on the original site plan. We feel his units will make our units worth even less than they are now, Can he build units that are smaller than the foot print of the original site plan?
It depends on local zoning laws and your bylaws.