| Page 2 of 2 < |
As Disputes Escalate, So Can the Legal Bills
|
TOOLBOX
   Resize
COMMENT
 Discussion Policy
 CLOSE
Comments that include profanity or personal attacks or other inappropriate comments or material will be removed from the site. Additionally, entries that are unsigned or contain "signatures" by someone other than the actual author will be removed. Finally, we will take steps to block users who violate any of our posting standards, terms of use or privacy policies or any other policies governing this site. Please review the full rules governing commentaries and discussions. You are fully responsible for the content that you post.
Who's Blogging  |
On May 21, the commission ruled in Fiscina's favor, saying the association's board should maintain a full complement of seven members, unless it votes to change its bylaws. The challenger in the 2006 election, Frances Mielach, who lost because of all those proxy votes, is now entitled to take her spot on the board.
The commission said the board frequently violated Maryland law and the association's bylaws by doing business at closed meetings. And financial records weren't made available to community members as they should have been.
It was a big win for Fiscina. The crowning touch: The commission ordered the association to pay Fiscina's legal expenses, which she said exceed $20,000. It's the first time the commission has awarded legal fees to a homeowner, Drymalski said. It was done this time because the association's own bylaws call for it, he said.
Jeffrey VanGrack, the lawyer representing the association's board, said in an e-mail: "The association is disappointed with the panel's decision. The association believes that the award of attorneys' fees is unsupported by law or the association's governing documents." The board is considering an appeal.
It's rarely pleasant to challenge the way things are done in a homeowners association. After all, these are your neighbors. At best, you risk being labeled a crank. At worst, you can be ostracized.
"They said I was frivolous, that I had a bone to pick and that I just wanted to get my way," Fiscina said. But she said that she's delighted with the outcome and that she was willing to invest the time and money because she wanted the association's business to be handled in a fair and open way.
After she filed the complaint, board President Stephen C. Shaffer sent a letter to all residents alerting them to the complaint and warning of its potential to affect their pocketbooks.
"In recent weeks, we have also [obtained] costly legal opinions to Ms. Fiscina's grievance in an effort to satisfy her requests," Shaffer wrote. "Needless to say, I am very concerned about the financial impact our legal fees will have [on] the community." He warned of the risk of a special assessment. "Unfortunately, to pay these expected legal fees and unbudgeted amounts, the [homeowners association] may be forced to seek funding from each and every homeowner."
At least, thanks to the commission's ruling, decisions on any such assessments will be held at open meetings.
Montgomery County is one of the few jurisdictions in the area that has had a mechanism in place to intervene in these disputes. You can find the commission at http:/
A new Virginia law will create a Common Interest Community Board, which will have an ombudsman to field complaints from homeowners. It will take months to get the new board up and running. Eventually, there will be links to it from the Department of Professional and Occupational Regulation's Web site, http:/
E-mail Elizabeth Razzi atrazzie@washpost.com.
