Legal Question in Real Estate Law in Maryland

District or Circuit Court to sue my condo committee?

I am an owner of a condominium.

I wish to take what ever legal action I can take to stop the elected management committee from continually violating our bylaws and MD Condominium Act in numorous instances.

Will MD District Court hear and act on my complaint or do I need to preceed in Circuit Court? What are the odds of me getting court costs and attr. fees back if I prevail in either court? The Condo act states Title 11-113(C) ''...prevailing is entitled to counselor fees as determined by the court''.


Asked on 4/19/03, 3:25 am

2 Answers from Attorneys
Robert Sher Wagshal and Sher

Re: District or Circuit Court to sue my condo committee?

Either court probably has jurisdiction. However, the court may not take jurisdiction unless you follow the bylaws and exhaust administrative remedies. If you're dissatisfied with the actions of the board, you can try and get a new board elected, or call a meeting and ask that resolutions be passed to overturn the boards actions. It's unlikely you'll get relief in the courts.

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Answered on 4/21/03, 9:36 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: District or Circuit Court to sue my condo committee?

You have to first try all other modes of resolution (e.g., mediation, arbitration). Some HOA bylaws and declarations set forth certain procedures. Depending on your issue, you may prevail in court. I would like to see a copy of the bylaws and declarations, especially in regard to voting and board member replacement.

Alot depends on the type of HOA association, the declared actions, relation to property matter of the HOA, etc. If you would like my assistance, please contact me at (410) 799-9002.

Joe Holthaus

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Answered on 4/22/03, 7:05 pm


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