Maryland Condo Held In Contempt For Failing To Complete Court Ordered Repairs and Is Subjected To a Significant Money Judgment
The Circuit Court for Baltimore City has entered a significant money judgment against a condominium council of unit owners as a means of enforcing its prior order finding the condominium in contempt for failing to complete court ordered repairs. In a case in which I represented the unit owner, the Circuit Court had originally ordered the Harborview Condominium to undertake and complete, by the end of December 2013, certain specified repairs to the exterior common elements needed to make the building watertight. In July 2014, the Circuit Court held that both the failure to include certain specified items in the repair contract, and the failure to complete the repairs within the time ordered by the Court, amounted to willful contempt, and called for the imposition of sanctions. The Circuit Court further found that the case presented the “exceptional circumstances” required under Maryland law for the award of compensatory damages, consisting of monthly payments to the unit owner continuing until the repairs are completed. The Court also established certain construction deadlines to be met in order for the Condominium to avoid additional damage payments. These rulings were affirmed by the Maryland Court of Special Appeals in August 2015. In an order dated December 30, 2015, the Circuit Court directed that the unpaid monthly payments to the unit owner be entered as a money judgment. It further ordered that the total of monthly payments not yet due be accelerated and included in the money judgment. The total money judgment entered exceeds $600,000. (more…)
