Montgomery Commission on Common Ownership Communities Under Review

Changes to the operation, composition and dispute resolution process of the Montgomery County Commission on Common Ownership Communities (CCOC) are under review by the Montgomery County Council.

Since 1991, the CCOC has been an information resource for residents and leaders of condominiums, homeowner associations, and housing cooperatives in Montgomery County, Maryland.  And, its mediation and arbitration program has offered a way of resolving disputes between homeowners and associations regarding matters such as association governance procedures, owner architectural changes, and the authority of the association board of directors.

Montgomery County has experienced significant growth in common ownership communities in the 25 years since the CCOC was established.  There are currently over 1,000 condominium, homeowners association, and co-operative communities with approximately 340,000 residents.

Legislation proposed by the County Executive would require mediation of certain disputes regarding common ownership communities and would require that all members of a dispute resolution hearing panel be members of the CCOC.  Currently, mediation is voluntary and the hearing panels are chaired by an attorney volunteer who is not a member of the CCOC.

Additionally, the proposed legislation (County Council Bill No. 50-15)  would change the composition for the CCOC membership to include 5 members of the public who are not owners or residents in a common ownership community or affiliated with professions associated with these communities.  Currently, the 15-member Commission is comprised of 8 members who are owners or residents and 7 members who are members of professions associated with common ownership communities (such as managers, attorneys, real estate agents, and developers).  The bill would also change the government agency responsible for providing staff and other support from the Office of Consumer Protection to the Department of Housing and Community Affairs.

The County Executive requested these changes in response to a report of the Council’s Office of Legislative Oversight regarding CCOC operations and a ruling of the County Ethics Commission regarding volunteer attorney hearing panel chairs who represent associations or homeowners before the CCOC for compensation on other matters.

The CCOC opposes the legislation and instead proposes that a work group which includes CCOC members be convened to provide recommendations to the County Executive and County Council before any statutory changes  are made.

Posted by: Thomas Schild Law Group, LLC, attorneys for condominiums, homeowner associations, and housing cooperatives in Maryland and Washington, D.C.

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