Update – Case Stayed Pending Appeal

Sometimes it seems as though our Courts exist in geologic time. It’s unlikely I’ll have anything definitive to report about the ongoing and active lawsuit for another year or two, so here is some helpful information to consider prior to our Annual Meeting on Tuesday, 23 June 2009, 7 P.M. at Comanco, 2139 Defense Highway, Crofton MD.

Congratulations to MHA for their efforts to protect homeowners and ensure good association governance; here is an abbreviated list of Maryland state legislation they successfully shepherded through to passage:

HB687/SB541: Fidelity Insurance. This requires an Association to purchase fidelity insurance to provide for the indemnification of the community against loss resulting from fraud or criminal acts by any officer, managing agent or employee. Our budget allocates approximately $560.00 annually for fidelity insurance. It would be prudent to ask for a copy of this policy just to be certain Charing Cross Townhouse Association has purchased it and we’re all safely covered.

HB137: Association Books and Records. Your Association and Comanco must provide homeowners copies of books and records, board minutes, financial statements and employee salaries within 21 days of receiving a written request. The charge for copying books and records may not exceed the amount charged by MD courts (50 cents per page).

HB552/SB171: Closed Meetings of Board of Directors. Meetings can only be closed for consultation and discussion of legal matters, such as my ongoing and active lawsuit, and for discussions of delinquencies. MD law requires that “a statement of the time, place and purpose of any closed meeting, the record of the vote of each board member by which the meeting was closed, and the authority under this section for closing any meeting shall be included in the minutes of the next meeting of the board of directors.”

The Maryland Homeowners’ Association published the preceding Summary of Maryland Condo/HOA Legislation which supersedes anything in our Bylaws, Charter and other existing documents in their quarterly newsletter. They recommend that homeowners be wary of any attempts by a board to amend governing documents. Homeowners should make a thorough review of any new wording, comparing it to the existing wording and be sure the board clearly and unambiguously writes any amendments after a thorough, public explanation as to the reason for any amendments. Further, MHA cautions homeowners to be especially wary of any language that says homeowners should pay “all attorney fees actually incurred by the Board of Directors.”