Elvaton Towne Condominium Regime II, Inc. v. RoseAnnotate this Case
The Maryland Condominium Act allows access to communally-held property to be restricted as a means to enforce payment of condominium fees, but such restrictions must first be authorized by the unit owners through agreement in the condominium’s declaration.
In this case, a condominium association and its management firm (collectively, Elvaton) claimed that unit owners William and Dawn Rose were delinquent in paying their condominium fees. The association thus prohibited the Roses from parking in the parking lot overnight or using the pool until they paid their allegedly delinquent fees. The circuit court ruled that Elvaton did not have the authority to restrict the Roses’ use of the parkings lots and the pool as a means of collecting on the debt. The Court of Appeals affirmed. The Supreme Court affirmed, holding that because Elvaton did not include a restriction to the general common elements of the condominium as a means to enforce payment of condominium fees in the condominium’s declaration, the restriction was invalid.