Elvaton Towne Condominium Regime II, Inc. v. Rose

The principal issue for consideration in the present case is the extent to which, and upon what authority, a condominium association may impose restrictions on a unit owner’s right of access to communally-held property. The parties are Petitioners/Cross-Respondents Elvaton Towne Condominiums in Glen Burnie, its condominium association, and its management firm (collectively, “Elvaton”) and Respondents/Cross-Petitioners William and Dawn Rose (“the Roses”).

Elvaton’s parking areas and the pool are general common elements, which, according to ¶ 7(C) of Elvaton’s governing declaration, “shall be…