Legal Question in Real Estate Law in Maryland

I live an high rise condo in Maryland. Montgomery County requires that all condos are 85% carpeted. The family above who moved in after me is saying their child is allergic to carpet. The high rise refused to make this family carpet the unit even though it took several months to find a doctor willing to put the allergy in writing. The child runs from one end of of the unit to the other.The child was seen sitting on our fully carpeted hallway. The car in which the child rides in is fully carpeted. What should do I do?


Asked on 10/19/15, 10:57 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

First, check the condo by-laws or other official docs to see if there are any exceptions for allergies in this situation. Is there any precedent of inconsistency with this situation in the past? If you haven't complained officially (i.e., going through some formal complaint process requiring a condo board ruling), you should do that. In that process, explore whether there is medication that the child could take. Also whether there is some other noise-reducing floor covering that would not activate the allergies. If in the final analysis you feel that the board is not enforcing the by-laws, you could go to court seeking enforcement. But that would be an expensive and time-consuming procedure, and courts are reluctant to exercise oversight over condo associations.

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Answered on 10/19/15, 11:22 am


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