MD Highest Court Holds That Condos May Not By Rule Suspend A Unit Owner’s Access To Common Elements For Delinquent Assessments

The Maryland Court of Appeals has invalidated a rule adopted by a condominium to suspend access to common elements for unit owners who are delinquent in paying assessments. In an opinion issued on June 23, 2017 in the case of Elvation Towne Condominium Regime II, Inc. v. Rose, No. 33, Sept. 2016, the Court held that, in order to restrict access to the common elements as a means of enforcing payment of condominium assessments, such a restriction must be provided in the condominium’s declaration. It may not be adopted by rule promulgated by the board of directors. The ruling affirmed prior rulings in the case by the Circuit Court for Anne Arundel County and the Maryland Court of Special Appeals.    Read the article…………..


Related Articles

Legislative developments (IL) abound that affect condo associations

There have been quite a few Illinois legislative, judicial and executive developments affecting condominium associations recently. Part one is below,

Construction Defect Claims Tackled By Lakewood (CO)

The impact of construction defect lawsuits on condominium development in Colorado has been a hot topic recently. Colorado law treats

Manager licensing act (IL) going through revisions

The Community Association Manager Licensing and Disciplinary Act is undergoing its first major revision.  This law as of Oct. 1,