Bill No.
19-13
Conceming: Common
Ownership
Communities
Administrative
Hearing - Attomey's Fees
Revised: October 22.2013 Draft No._4_
Introduced:
June 18.2013
Enacted:
October 22. 2013
Executive:
November 4. 2013
Effective:
February 3, 2014
Sunset Date: September 1! 2016
Ch.
~,
Laws of Mont. Co.
2013
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmember 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 1
DB,
Common Ownership Communities
Section lOB-13
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Deletedfrom existing law by original bill.
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Deletedfrom existing law or the bill by amendment.
Existing law unaffocted 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 ifthe other party:
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ill
[another] [[any party if the]] [[losing]] [[other party:]]
[(1)] [[.cAl]]
filed or maintained a frivolous dispute, or filed or
maintained a dispute in [other than good] bad faith;
ill
[(2)]
Hml]]
unreasonably refused to [accept] participate m
mediation of a dispute, or unreasonably withdrew from ongoing
mediation; or
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ill
[(3)]
[[(g]]
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] [[an
association document so requires and the award is reasonable
under the
circumstances~
or
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ill
the]]
[[to a prevailing
PID1Y]]
[[is an owner or occupant of
~
dwelling unit]] [[who filed the dispute to enforce the association
documents or
~
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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 10B-13 contained in Section 1 ofthis 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 10B-13 contained in Section 1 ofthis Act
expire on September 1, 2016.
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BILL
No. 19-13
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Approved:
Nancy
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Approved:
~~
ISiLeggett,Cd'mlCUtiVe
~6zI
7:
cia/)
7
Date
This is a correct copy ofCouncil action.
~?h.
~
Linda M. Lauer,
Clerk of
the
Council
//!r/13
Date
-3­