Complaint Form & Instructions
Thank you for visting the Commission on Common Ownership Communities webpages. To file a complaint, please print and complete the complaint form and return it to the address below. You should keep a copy for your personal records.
Complaint form link: http://montgomerycountymd.gov/ocptmpl.asp?url=/content/ocp/ccoc/pdf/complaint_form_072010.pdf
It is very important that you also print and read Chapter 10B of the County Code and Regulation 10B.06 of the Code of Montgomery County Regulations (COMCOR). These are available online through the "Services" section of the website of the Office of the County Attorney which you can reach through the links provided below:
These legal procedures govern your rights and duties if the dispute is set for a public hearing and you should know them.
Either party may request mediation at any time, and the Commission strongly encourages this option. If either party rejects mediation, or if a complaint is not resolved through mediation, it will be presented to the Commission to consider jurisdiction of the complaint. If the Commission accepts jurisdiction, it will select a date for a public hearing and appoint a hearing panel of 3 members. Parties in the case may be represented by an attorney or may represent themselves. (For associations, this means by an officer or authorized member of the board of directors.) Please state in your complaint if you are willing to attempt mediation of the dispute.
We cannot accept complaints involving homes or units located within the City of Gaithersburg or the town or village limits of certain other municipalities.
We do not accept "class action" complaints. Each person must file his own complaint and pay the filing fee, unless they are co-owners or co-residents of a lot or unit.
Please avoid using staples, dividers, and tabs, because they make it difficult to copy the complaint and its attachments.
You must file a complete copy the association's governing documents with this complaint. Please do not send original documents. Failure to do so may delay the handling of your complaint.
The Commission adopted a Policy Statement on Exhaustion of Remedies (posted online at the CCOC website). Under this policy, Associations must follow any written procedures they have for resolving the complaint before filing with the Commission. If the Association has no written complaint procedures, it must first do the following before filing the CCOC complaint: a) give the member/resident written notice of the violation; b) notify the member of his or her right to a hearing with the board (and hold a hearing if one is requested); c) give the member a written copy of the board's decision on the dispute and notice of the member's right to appeal the decision to the CCOC. The CCOC complaint must be signed by the board president or vice-president. Members or residents must follow any procedure the Association has for resolving complaints and allow the Association up to 60 days to resolve the complaint or deny it. If the Association has no written complaint procedures, the member must first give the board (not just the manager) written notice of the problem and a reasonable time to resolve it before filing a complaint with the CCOC. The complaining party must attach a copy of the documents showing it has followed these guidelines when it files the complaint.
Pursuant to Executive Regulation 10B.07.01, there is a filing fee of $50.00 for each dispute filed with this office. The fee is payable by the party filing the dispute, and must accompany the complaint form. Checks should be made payable to "Montgomery County, Maryland." (If the dispute goes to a hearing and is decided in favor of the party filing the complaint, the hearing panel can order the losing party to refund the filing fee to the complaining party.)
Once the complaint is filed, all communications between either party and the staff will be shared with the other party. The staff will not accept any "confidential" or "private" communications from a party. To avoid the risk of misunderstandings the staff prefers all communications to be in writing or by email.
RETURN THE COMPLAINT FORM, ATTACHMENTS AND GOVERNING DOCUMENTS TO:
Commission on Common Ownership Communities
100 Maryland Avenue, Room 330
Rockville, Maryland 20850