documents included in November 18, 2024 Denise Waicker response

Rosen Hoover Sykes Brown P.A. letters and a single fine of $150.
- March 30, 2023 NOTICE OF RIGHT TO REQUEST HEARING VIA CERTIFIED MAIL AND REGULAR MAIL
- April 23, 2024 NOTICE TO CEASE AND DESIST VIA CERTIFIED MAIL-RETURNED RECEIPT REQUESTED
Both letters state "The Board may impose fines of up to $50 for each time any of these violations occur in the future." The fine amount is consistent with the one outlined in HOA Rules and Regulations p. 18, Section V. Sanctions (a) (click Required Reporting and Fine Procedures, pp. 17-19 to see see pp. 17-19). On June 5, 2024, in violation of HOA Rules and Regulations, Kathy Quintanal of Thornhill announced a single fine of $150 and requested the payment by the end of June.
The April 23, 2024 NOTICE TO CEASE AND DESIST refers to a written notice of the rights to request a hearing to be provided in case the Board determines that the violations are not ceased. This written notice was never received.
Neither March 30, 2023 letter nor April 23, 2024 letter from Rosen Hoover Sykes Brown P.A. has been received. I have a reason to believe that the letters have not been mailed. Since both letters allegedly have been mailed via certified mail, returned receipt requested (March 30, 2023 letter) the appropriate receipts are required to verify mailing.
The State Law and HOA Rules and Regulations
- The State Law (§ 11B-111.10. Dispute settlement mechanisms West's Annotated Code of Maryland Real Property Effective: October 1, 2022) provides:
  (a) Unless the declaration or bylaws state otherwise …
  (b)(1) The board of directors … may not impose a fine … until the procedures in this subsection are followed.
  (2) A written demand to cease and desist from an alleged violation shall be provided to the alleged violator specifying:
  (i) The nature of the alleged violation;
  (ii) The action required to abate the violation; and
  (iii) A period of time, not less than 15 days, during which the violation may be abated without further sanction, if the violation is a continuing violation, or a statement that any further violation of the same rule may result in the imposition of sanction after notice and opportunity for hearing if the violation is not continuing.
  None of the three procedures listed above has been followed (please see the last paragraph of Section 1 above).
- HOA Rules and Regulations Section Fine Procedures/Resolution of Disputes, pp. 17-19 details "Fine Procedures" to be followed by the Board of Directors. None of the Procedures' five steps have been followed by the Board. In particular Section IV Notification of Decision (see p. 18) states: "Such decision shall be entered into the minutes and shall specify the violations, if any, found by the Board of Directors and the sanctions, if any, imposed." As of December 2, 2024 no minutes specifying the violations are available.
Additional Fines. In violation of the HOA Rules and Regulations no Board minutes contain reference to additional three $50 fines:
- 06/26/2024 Fines/Violations - $50.00
- 07/15/2024 Fines/Violations - $50.00
- 07/24/2024 Fines/Violations - $50.00
Complaints. The HOA Rules and Regulations, p. 17, top outline items required by the Board to be reported in case of "problems". Among them "a log of dates, times". All of those are missing on the complaints provided by Denise Waicker. The address of the violator is not reported.
Conclusions. The authority to impose fines is vested in the Board of Directors. Inspite of multiple requests no single Board of Directors fine related document is currently available to the owner/agent. I, therefore, request the reimbursement of $150 fines already paid, as well as removal of $150 charges that appear on the 204 Cork Ln. #203 account.