A Maryland condominium Rule which barred delinquent condo owners from using the common property parking lot and swimming pool has been struck down by the Maryland Court of Appeals–the highest state appellate court.
In Elvaton Towne Condominium Regime II v. Rose, the appeals court decided that a condominium board of directors can not rely on general rulemaking authority to adopt a Rule which interfered with the owner’s statutory property right to use the common elements. However, the court ruled that the Maryland Condominium Act permits a condominium Declaration to provide that an owner’s parking and pool privileges may be suspended where the owner is in arrears in payment of condo assessments.
Although recognizing a condo board may adopt reasonable Rules regarding the use of the common elements, the court noted that such Rules must be consistent with the condominium Declaration and Bylaws and with the Maryland Condominium Act.Continue reading →
Changes to the Maryland Condominium Act and Maryland Homeowners Association Act will soon make it easier to amend the governing documents of condominiums and homeowner associations.
The new law allows amendments to be made by a vote of members “ingood standing” instead of all of the owners. An owner is not in good standing if the payment of assessments or other charges is in arrears for more than 90 days.
Additionally, the votes required to approve amendments to condo bylaws and the declaration and bylaws of a homeowner association is reduced to 60 percent of the total votes in the condo or HOA, or such lower amount allowed by the association governing documents, beginning October 1, 2017. Continue reading →