ShowMeTheMan

Show me the man and I'll show you the crime. The statement is attributed to Lavrentiy Beria - a long time Joseph Stalin's secret police chief, see the article in The Oxford Eagle. The author of the article writes "Beria targeted 'the man' first, then proceeded to find or fabricate a crime. Beria's modus operandi was to presume the man guilty, and fill in the blanks later. By contrast, under the United States Constitution, there's a presumption of innocence." Below I attempt to argue briefly that Beria's modus operandi is alive and well in Maryland.

My name is Jacob Kogan. I owe and manage a number of investment properties (Chestnut Hill Condominium Association) in Baltimore County. The Association is run by a Home Owners Association (HOA) Board of Directors, and a Management Company, Thornhill. The HOA Board of Directors President is Kent Bange at bangecat@gmail.com, and the Thornhill Property Manager in charge is Denise Waicker at dwaicker@thornhillbaltimore.com.
On June 5, 2024 I received an email from Kathy Quintanal of Thornhill. The letter was addressed to the unit owner (my client), the tenant, and myself. The email
- References a letter giving the opportunity to request a hearing with the Board of Directors.
- Notifies about a $150.00 fine imposed by the Board of Directors for unspecified Rules & Regulations Violations.
- Threatens to impose unspecified late fees if the fine is not paid in full.
- Fails to specify the alleged violations, and does not provide their number.
- Fails to indicate the late fee computation mechanism.
My attempt to reply and receive more information bounced back. The same day I managed to find Kathy's email address, and requested a copy of the opportunity letter. The next day, June 6, 2024, Kathy Quintanal responded with a copy of the "opportunity letter".
After careful examination of the "opportunity letter" I failed to find an offer to request a hearing with the Board of Directors, or any other useful information regarding the crime and panishment. On June 7, 2024 in an attempt to shed some light on the violations I requested from Kathy a copy of the Board's decision. Kathy responded with silence.
I realize people sometimes go on vacation, or, God forbid, get sick. My experience also shows a significant acceleration of communication with government bureaucrats when emails are also cc'd to their superiors. Ten days later, hearing nothing but silence, I repeated my request for a copy of the Board's decision. The email was cc'd to a number of Thornhill managers (their details can be found here), as well as HOA Board of Directors President Kent Bange. Miraculously Kathy responded the next day. Upon reading the response, I noted that
- There are three alleged violations.
- While no Board approved document concerning the fine and violations currently exists, the fine is already imposed, and required to be paid on or before the end of June 2024 (the next condo fee due date).
Maryland Code & Court Rules, §11B-111.10. Dispute settlement mechanisms (see also Relevant Documents) reads
In general
(a) Unless the declaration or bylaws state otherwise, the dispute settlement mechanism provided by this section is applicable to complaints or demands formally arising on or after October 1, 2022.
Procedures required before imposition of fine or infringement of rights
(b)(1) The board of directors or other governing body of the homeowners association may not impose a fine, suspend voting, or infringe on any other right of a lot owner or any other occupant for violations of rules 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.
Examination of the declaration and bylaws (see Relevant Documents) reveals no statement empowering the Board of Directors or other governing body of the homeowners association to impose a fine prior to specifying the alleged violation. The Thornhill request to pay a $150 fine is in violation of state law. On June 19, 2024 this observation along with a request to postpone the fine payment until after the alleged violation description becomes available was emailed to Kathy Quintanal, a number of Thornhill managers, including George Panos, Thornhill President, as well as HOA Board of Directors President Kent Bange.