Maryland AG Frosh: Settlement with Condominium Association

Attorney General Frosh Announces Settlement with Montgomery County C

ondominium Association

Brighton West Condominium II Agrees to Cease and Desist from Violations of the Maryland Condominium Act and Refund Improperly Assessed Monetary Sanctions Imposed on Unit Owners

BALTIMORE, MD (STL.NewsMaryland Attorney General Brian E. Frosh’s Consumer Protection Division announced a settlement with condominium association Brighton West Condominium II, which provides restitution to affected unit owners and an injunction that addresses the alleged violations of the Maryland Condominium Act.

The Consumer Protection Division alleged that Brighton West’s Board of Directors, under its prior president, had violated the Condominium Act, and thus the Consumer Protection Act, by:

• Failing to provided notice of and hold elections in open meetings;
• Failing to provide notice of and hold annual open meetings;
• Failing to submit an annual proposed budget and an adopted budget to unit owners as required by the Condominium Act;
• Failing to provide a copy of Brighton West’s books and records, including financial statements, when requested in writing by unit owners; and
• Assessing penalties against unit owners for alleged violations of community rules without following the procedures required by the Condominium Act.  Those procedures include serving a written notice on the unit owner that describes the alleged violation, what the unit owner must do, and how long the unit owner has to end the violation, as well as providing an opportunity for a hearing.

Brighton West, which is located in Gaithersburg, has replaced the former president who presided during the period of time of these alleged violations.

“Condominium associations, including their Boards of Directors, must comply with the requirements of the Maryland Condominium Act,” said Attorney General Frosh.  “Under our settlement with Brighton West, unit owners will be protected, and those who were harmed by alleged violations of the law will receive remediation.”

In the settlement, Brighton West has agreed to injunctive relief requiring that it fully comply with the Maryland Condominium Act and to pay restitution to unit owners of any monetary sanctions that were imposed without following the Condominium Act’s dispute settlement
procedures.  The settlement also imposes a $5,000 civil penalty if Brighton West violates the agreement over the next five years.

Consumers with concerns about the Brighton West Condominium Association may contact the Attorney General’s Consumer Protection Division at 410-528-8662.

In making today’s announcement, Attorney General Frosh thanked Assistant Attorney General Jessica B. Kaufman for her work on the case.