[Adopted 8-24-2004 by Ord. No. 04-05]
The provision of a forum for alternative dispute resolution
in disputes between homeowners' associations and homeowners involving
recorded covenants or restrictions of the homeowners' association
would be beneficial to all parties. Section 11B-104(c) of the Annotated
Code of Maryland empowers the County to establish a homeowners' association
commission to hear and resolve such disputes, and the Homeowners'
Association Dispute Review Board established pursuant to this article
shall serve as said commission.
In this article, the following terms have the following meanings:
ASSOCIATION DOCUMENT
A.
The master deeds, declaration, incorporation documents, bylaws,
and rules of any homeowners' association;
B.
Any written private agreement between any parties concerning
the operation of the community or maintenance or control of common
or limited common property; and
C.
Any similar document concerning the operation or governance
of a homeowners' association.
BOARD
The Homeowners' Association Dispute Review Board.
COMMON OWNERSHIP COMMUNITY
A development subject to a declaration enforced by a homeowners'
association, as those terms are used in state law.
DISPUTE
A.
Any disagreement between two or more parties that involves:
(1)
The authority of a governing body, under any law or association
document, to:
(a)
Require any person to take any action, or not to take any action,
involving a unit or property;
(b)
Require any person to pay a fee, fine, or assessment; or
(c)
Alter or add to a common area or element.
(2)
The failure of a governing body, when required by law or an
association document, to:
(a)
Properly conduct an election;
(b)
Give adequate notice of a meeting or other action;
(c)
Properly conduct a meeting;
(d)
Properly adopt a budget or rules;
(e)
Maintain or audit books and records; or
(f)
Allow inspection of books and records.
B.
"Dispute" does not include any disagreement that only involves:
(1)
Title to any unit or any common area or element;
(2)
The percentage interest or vote allocatable to a unit;
(3)
The interpretation or enforcement of any warranty;
(4)
The collection of an assessment validly levied against a party;
or
(5)
The judgment or discretion of a governing body in taking or
deciding not to take any legally authorized action;
(6)
An allegation of a public nuisance which is the subject of a
complaint filed with the Charles County Nuisance Board.
HOMEOWNERS' ASSOCIATION
The legal entity, incorporated or unincorporated, that is
responsible for the governance or common property of a common ownership
community.
OWNER
A lot owner in a homeowners' association.