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#160-G, Quince Orchard Homeowners Association Inc. v. Teymourtash (February 1, 1993) (Panel: Savage, Kerstetter, Huson)

The homeowners association (HOA) filed a complaint alleging that the homeowner (HO) violated the community rules by installing permanent play fixtures, walkways, doghouse, picket fence, and playhouse without permission and by failing to remove debris from his yard.  The HO did not respond to the complaint and to other attempts by the Commission staff to contact him on the matter.

The Commission voted to accept jurisdiction of the dispute but did not schedule a hearing due to the fact that by failing to respond to the complaint, the HO failed to raise a dispute.

The Commission notified the HO that unless he filed an answer to the complaint by October 5, 1992, it would issue a default order against him and that the panel assigned to the case could hold a hearing without him.  He did not answer, and the hearing panel therefore found him in default, and granted the relief that the HOA asked for.  The panel ordered the HO to remove all unapproved structures and debris from the yard within 30 days.

[Editor's note: The authority to issue default judgments is granted by COMAR 10B.06.01.03(b) (2).  The Commission has since adopted formal rules on this topic called the "Default Judgment Procedures" which are carried on its webpage.]