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Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 21898
Experience:  20 years of experience practicing law.
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Please only answer this if you are a Maryland attorney. Does

Customer Question

Please only answer this if you are a Maryland attorney. Does a case heard by the office of administrative hearings constitute "pending litigation or a lawsuit"?

My HOA was involved in a case at the Maryland OAH at the time my closing occured and did not disclose this to me, and they claimed they were not part of pending litigation or a lawsuit. The case was eventually reviewed by the Maryland Special Court of Appeals and they hired a lawyer for $110,000.00

Please be specific as to why this either is or is not litigation or a lawsuit. I have received plenty of "I don't think so" and "I think it does."
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.

Hello

Welcome and thank you for your question

I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

I am not sure what you mean "Constitute" pending lawsuit or litigation.

 

This OAH is a mediation process. Can you clarify what you mean "Constitute"?

Customer: replied 1 year ago.

My HOA sent me a letter when I bought the house in 2010 saying that they were not involved in "any litigation or a pending lawsuit."


 


I called the OAH today and they said they couldnt tell me specifics of the case my HOA was involved in. I told them I wasn't interested in that.. I just wanted to know if it's considered litigation. They told me again they cant answer that. I called the attorney generals office and they told me that it was in fact litigation if heard at the OAH.


 


No one seems to know as depending on who I ask, asks me a follow up question. They had a case ongoing at the OAH and neither them or the seller disclosed it to me and it's going to cost me thousands in special assessments now to bail out the HOA.

Expert:  Sam replied 1 year ago.

Hello

 

It is not litigation per se. The HOA is in a mediation process. And if the Bylaws call for a settlement based on "Binding arbitration" Then the next step from the mediation is that and it would never reach a court room litigation scenario.

 

So if you are asking it you were lied to - the answer is no.

They are not in litigation. This is between the HOA and one owner. It would never amount to an assessment to cover whatever settlement they have to pay should they lose.

Customer: replied 1 year ago.


It wasn't just from one owner. I'm also not asking if I was lied to, I asked if they didn't disclose something they were supposed to. Regardless if they were doing it knowingly is moot.


 


Don't you want to see the nature of the case first before saying that it is definatly not litigation? There are 24 (homeowner) petitioners and the HOA is the respondent.


 


Are you on the Maryland Bar?


 

Expert:  Sam replied 1 year ago.

Hello

 

They only have to answer what you ask. They are not mandated to Disclose litigation. It is public record and therefore incumbent on a consumer to find out.

 

if you ask, they should disclose.

If it is not in a courtroom and it is in the OAH it is not in litigation. I don't need to know anything further about the case.

 

If it gets to a court room it will be in litigation.

Currently, it is in Mediation.



Yes. I am with the MD Bar. That is what you requested, correct.

Customer: replied 1 year ago.


This isn't a free service.. and your answer is vague at best. You should introduce yourself as a member of the MD bar so I don't have to ask in the first place.


 


There are disclosure requirements in the Maryland HOA act. My HOA sent me a letter that was signed by the president of the HOA that it was not involved in any litigation or pending lawsuits. So regardless if they have to tell me, the question was asked or they volunteered information that I'm claiming isn't true. The Attorney General's office claims it is litigation because it is overseen by the district court. The OHA either doesn't know, says it is, or it isn't depending on who you ask.


 


The case was overturned in the special court of appeals and is now closed. If I had done no research your answer could be toxic.

Expert:  Sam replied 1 year ago.

Hello

 

If you click onto my name you can see my credentials. And this service is not free - but it is for information only. There is no client privilege

And my answer is true and correct. This is NOT Litigation. IT is MEDIATION and there is a difference.

And here is the link for the OAH and that way you can see exactly what the OAH does in this regard. There is no Judge or jury. It is an Administrative hearing and not litigation.

I hope that helps to put your mind at ease

I apologize for the delay in this response as I was busy giving true and correct information to others who requested it

 

This site would not have any but a MD attorney answer when such a request is made.



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