MD Condominium Act vs Declaration

Started by LeslieS7 • 2 replies • 1240 views

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LeslieS7 (Maryland)
Posts: 3

Posted:

Hi all. I reside in Maryland and I hope you can answer my question. Does the Maryland Condo Act supersede the Declaration or vice-versa?
My association's board members insist it's illegal to have reserved parking in our condominium community. In all my research, I've come to the assumption that it's basically the board's decision to assign reserved parking or not. Do you think this is correct?

Leslie

KerryL1 (California)
Posts: 14,550

Posted:

Here's an excerpt of Tim's reply to your other post: "Applicable State statutes do have a higher precedence then the CC&Rs [Declaration].

There should be no conflicts between your CC&Rs and the applicable statutes.
If one does exist, the higher document must be complied with (controls), UNLESS the higher document gives control to the lower document.

Examples of giving control TO the lower document:

"Unless otherwise stated in [name of document] . . . "

"to the extent the declaration or rules and regulations duly adopted pursuant thereto expressly so provide"

"Except as otherwise provided in [name of governing document]"

Your parking question seems to be a separate issue: How is the parking handled now? What do you mean by "reserved Parking?"

We, for instance, have 16 Visitor Parking spaces in our underground garage. No resident may reserve these space; they are first come, first served. Residents may not park in them; and resident's vendors, e.g., housekeepers, painters, etc., may not park in them. Since these spaces are common area, our HOA may not sell them without a vote of the membership.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By LeslieS7 on 06/23/2017 3:58 PM

Does the Maryland Condo Act supersede the Declaration or vice-versa?

Generally, yes and no.
Depending on language of the statute and language of the governing document, it might not.

There can be no conflicts between the two documents.
As stated earlier, when a conflict exists the law must be complied with unless said law defers to the governing documents.

Can you be more specific on what specific section or area of concern you are wondering about?

This will likely provide you with a better answer.

Quote:

Posted By LeslieS7 on 06/23/2017 3:58 PM

My association's board members insist it's illegal to have reserved parking in our condominium community.

Did you ask what that is based on (Statute, court ruling, attorney's opinion, etc.)?
If not, you should ask.

Example of a simple way to ask:

I was unable to find where such action would be illegal.
Perhaps the laws changed or I was looking in the wrong place.
Can you please provided the basis (citing statute number) for the Boards understanding that such action would be prohibited by law?

Quote:

Posted By LeslieS7 on 06/23/2017 3:58 PM

In all my research, I've come to the assumption that it's basically the board's decision to assign reserved parking or not. Do you think this is correct?

Per my very quick research, it is possible that you may be incorrect.
It will depend on what your governing documents specify.

I base this on the following decision by the Montgomery County (MD) Commission on Common Ownership Communities:

Tyler vs. Brookfield at Milestone Condominium

and on MD § 11-103, available on LexisNexis, which states:

" (iv) Except as otherwise expressly permitted by this title and by the declaration, an amendment to the declaration may not redesignate general common elements as limited common elements without the written consent of every unit owner and mortgagee."

Hence, as I'm reading it, do assign parking spaces the Board would need to amend the CC&Rs with 100% agreement from the membership (and their mortgage holders).

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