Judge makes ruling in important Village lawsuit

Residents may recall that in August 2019, Montgomery Village Foundation (MVF) filed a complaint in the Circuit Court of Montgomery County with the intent of stopping three condominium associations from attempting to withdraw from Montgomery Village (MV). After months of preparation and much documentation provided to the court, a hearing was held in mid-December in Rockville.

After reading all the documentation provided and listening to the defense from the condominiums’ lawyer, Judge Michael Mason ruled against the condominiums, denying their motion to dismiss the case, and granting MVF’s Motion for Summary Judgment.

MVF filed complaints against Normandie-on-the-Lake II, Heron’s Cove and Thomas Choice Gardens condominiums alleging Breach of Contract for failing to pay the MVF assessment. Judge Mason ruled that his task was to interpret the Village Declaration from 1967 and Supplementary Declarations for each condo together as a contract, to determine their meaning. He said that the documents were clear, and that the condominiums had breached their obligation to pay. Further, he relied on the Village Declaration as controlling and said that in order for a condo - to be relieved of paying the assessment (or change any other covenant), 2/3 of all MVF members (all property owners in the Village) had to agree to let a condo out of its obligation. 

MVF is currently in the process of pursuing outstanding balances for the unpaid assessments—over $100,000—from Heron’s Cove and Normandie-on-the-Lake II condominiums, who have not fulfilled their obligation for the last seven months, as well as preparing for the potential of an appeal. Additionally, MVF is pursuing recovery from the condos of the substantial attorney’s fees that MVF has spent to prevent the condos from withdrawing from MVF.

MVF remains committed to protecting the interests of all residents of Montgomery Village.

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