August 1, 2017
The Maryland Court of Appeals recently ruled in the Elvaton Towne Condominium Regime II, Inc. v. Rose that before a Board can impose a suspension of privileges (like access to general common element parking or common element recreational amenities), the authority to suspend access to the common elements must be expressly stated in the recorded Declaration for a Condominium.
In its recent ruling, the Court held that having the suspension of privileges solely via rule is not adequate. Also, having the right to suspend privileges in the Condominium’s Bylaws is not acceptable either; instead, the suspension of privileges must be expressed in the Declaration per Section 11-108(a) of the Maryland Condominium Act.
If you wish to discuss how this case may impact your condominium’s compliance with Maryland law, please contact our Bethesda office at 301-222-0152.