Steele v. Diamond Farm Homes Corporation
Maryland Court of Appeals
211 A.3d 411 (2019)
- Written by Robert Cane, JD
Facts
Diane Steele (defendant) owned a home that was managed by a homeowners’ association, Diamond Farm Homes Corporation (the association) (plaintiff). The association’s Declaration of Covenants, Conditions and Restrictions required any increase in annual assessments to be approved by two-thirds of the total votes of all members who voted. The association increased annual assessments in 2007, 2011, and 2014 without receiving the required approval of two-thirds of the vote. At the time of each increase, Steele had access to the association’s newsletters in which notice of the increases were published. The association relied on a lack of challenges to the increases and budgeted its provision of services accordingly. Eventually, Steele learned of this fact. Consequently, Steele claimed that she was entitled to an offset in her annual assessment, so she stopped making payments to the association. The association sued Steele for the unpaid assessments and attorney’s fees. The trial court entered judgment for the association. Steele appealed.
Rule of Law
Issue
Holding and Reasoning (Hotten, J.)
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