Bill No.
19-13
Concerning: Common
Ownership
Communities
Administrative
Hearing - Attorney's Fees
Revised: October 22,2013 Draft No._4_
Introduced:
June 18,2013
Enacted:
October 22, 2013
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: September 1, 2016
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council member Leventhal
AN
ACT to:
(1)
(2)
[[expand]] modify the authority of the Commission on Common Ownership
Communities to award attorney's fees to a [[prevailing]] party in certain disputes;
and
generally amend the law governing common ownership communities.
By amending
Montgomery County Code
Chapter lOB, Common Ownership Communities
Section lOB-13
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Heading or defined term.
Added to existing law
by
original
bill.
Deletedfrom existing law
by
original
bill.
Added
by
amendment.
Deletedfrom existing law or the
bill by
amendment.
Existing law unaffected
by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No. 19-13
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Sec. 1. Section IOB-13 is amended as follows:
IOB-13.
Administrative hearing.
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(d) The hearing panel may award costs, including [a] reasonable attorney's
[fee] fees, to [[any prevailing party if]] any party if the other party:
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[another] [[any party ifthe]] [[losing]] [[other party:]]
[(1)] [[(A)]] filed or maintained a frivolous dispute, or filed or
maintained a dispute in [other than good] bad faith;
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[(2)]
[[em]]
unreasonably refused to [accept] participate
ill
mediation of a dispute, or unreasonably withdrew from ongoing
mediation; or
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[(3)]
[[{Q]]
substantially delayed or hindered the dispute
resolution process without good cause[.] [[; or
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ill]]
[The hearing panel may also award costs or attorney's fees if]
under the
circumstances~
or
[[an
association document so requires and the award is reasonable
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the]]
([to a prevailing
~]]
[[is an owner or occupant of
f!
dwelling unit]] [[who filed the dispute to enforce the association
documents or
f!
State or County law regulating common
ownership communities]].
The hearing panel may also require the losing party in a dispute to pay
all or part of the filing fee.
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Sec.2.
The Amendments to Section IOB-I3 contained in Section 1 of this Act
apply to any dispute filed with the Commission after the date this Act takes effect.
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Sec. 3.
The Amendments to Section IOB-I3 contained in Section 1 of this Act
expire on September 1,2016.
-2­
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BILL
No. 19-13
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Approved:
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Approved:
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Isiah Leggett, County Executive
Date
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This is a correct copy ofCouncil action.
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Linda M. Lauer, Clerk ofthe Council
Date
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