In Garfink v. The Cloisters at Charles, Inc., the Maryland Court of Appeals ruled that a condominium unit owner did not need to obtain approval from the condominium board of directors prior to installing an exterior dryer vent to comply with the building code.
In 1991, an owner purchased a new condominium unit in a Baltimore County, Maryland condominium. The clothes dryer vent was located in the furnace room of the unit, rather than the outside of the building as required by the building code. Dryer vents of all other owners were located on the common element exterior wall of the building.
Exterior Dryer Vent Installed
When the clothes dryer broke in 2000, the installation contractor refused to install the new dryer because the furnace room location of the vent was a violation of the building code and posed a fire hazard. As a result, the owner had the dryer vent routed through the exterior wall of the building without the permission of the condominium board of directors.
At issue were two provisions from the condominium declaration and bylaws. The declaration contained a provision granting each
unit owner a right of use easement in the common elements “for the purposes of providing maintenance, support, repair, or service for such unit to and for the ducts, pipes, conduits, vents, plumbing, wiring and other utility services to the unit.”
Additionally, a provision of the bylaws provided that, except for purposes of proper maintenance and repair, a unit owner is prohibited from making any change or alteration to the exterior of any unit or the common elements until an application is submitted to, and approved in writing by the Board.
The trial court ruled in favor of the condominium association, concluding that the easement provision in the declaration must be applied in a manner consistent with the architectural change provision in the bylaws by obtaining approval for any change in the exterior appearance of the building. The intermediate appeals court – the Maryland Court of Special Appeals – agreed with the trial court and further ruled that “traditional easement law” does not apply to condominiums.
No Approval Required
In a 4-3 decision, the Court of Appeals reversed the trial court and Court of Special Appeals, ruling that traditional easement law does apply to easements granted in condominium documents and that the owner was permitted by the easement in the declaration to install the dryer vent through the exterior common elements of the condominium without the prior approval of the condominium board.
Maryland Court Ruling
The Court of Appeals attempted to narrow its ruling to the particular circumstances involved, stating that an owner’s right to change the exterior of the condominium building without prior approval of the condominium board applied only “where an obvious construction defect exists relating to safety”. The court further explained that, in its view, installation of the exterior dryer vent was “the functional equivalent of maintenance necessary
for the reasonable and safe operation of the dryer”.
The three dissenting judges disagreed, concluding that nothing in the declaration easement provision or bylaw architectural change provision permit a unit owner to install a new vent on the exterior of the building without the approval of the board.
In their view, the terms “repair” and “maintenance” as used in the easement did not include the installation of a new exterior dryer vent and, therefore, prior approval by the condominium board was required.
In considering a request for approval of an architectural change, the dissenting judges emphasized that the board must act “reasonably and in good faith”. They also noted that a disapproval may constitute “a restraint on the free use and alienability of land” and, therefore, a disapproval should be “very closely scrutinized”.
Back to LawLetter Menu
Make it easy to view future issues of the Community
Association LawLetter. Add the Thomas Schild Law Group Web Site to your Favorites
or Bookmarks List.
401 NORTH WASHINGTON STREET