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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1873 September Term, 1994 _______________________________

STANLEY ALPERT ET AL.

V.

LE'LISA CONDOMINIUM ET AL.

_______________________________ Salmon, Bloom, Murphy, JJ. _______________________________ Opinion by Salmon, J. _______________________________ Filed: November 30, 1995

On November 17, 1993, Stanley Alpert and his wife, Carol (the Alperts), filed suit against Le'Lisa Condominium and Edward M. Swiggard, John C. Tunell, and Alfred B. Inners, members of

Le'Lisa's Board of Directors (Le'Lisa), in the Circuit Court for Worcester County. The suit alleged, inter alia, that Le'Lisa

Condominium's board had no authority to assign individual parking spaces for the exclusive use of individual unit owners. asked for declaratory and injunctive relief. A hearing on the merits was held on June 28, 1994 (Eschenburg, J., presiding). Judge Eschenburg reserved judgment, allowing the On Appellants

plaintiffs and the defendants to submit memoranda of law.

August 24, 1994, Judge Eschenburg ordered that the plaintiffs' case be dismissed with prejudice. The Alperts filed this timely appeal

and present three questions, which have been rephrased for clarity: I. Did the hearing judge fail to answer a question raised by appellants in their suit for declaratory judgment? Is the assignment of parking spaces a regulation of the use of a common element or a taking of a portion of each unit owners' percentage interest in the common elements?

II.

III. Did the condominium association have a duty to disclose to appellants, prior to their purchase of a condominium unit, certain informally adopted rules and regulations concerning parking? FACTS On February 8, 1993, the Alperts bought unit number 205 in the Le'Lisa Condominium, located at 10 East 143rd Street, Ocean City.

2 One of the features that persuaded the Alperts to purchase the unit

was

their

belief

that

unit

205

had

a

covered

parking

space

permanently assigned to it.1 There are 32 units at Le'Lisa, but only 20 parking spaces are located under the building, shielded from the elements. Enough

parking is available at Le'Lisa to accommodate all unit owners; however, 12 owners must always park outside. Since 1984, the

covered spaces have been assigned based on length of ownership in the condominium: When a unit with a space under the building is

sold, the parking space is reassigned to the owner who has been denied covered parking the longest, that is, to the most senior unit-owner building. a who is not currently assigned a space under the

This parking allocation method was followed pursuant to

legally unenforceable condominium rule, which had not been

promulgated in accordance with the requirements of the Maryland Condominium Act.2 Nevertheless, except for the Alperts, all unit

owners had accepted the aforementioned parking allocation method.

This belief was not based on anything appellees or the previous owners of unit 205 represented to the Alperts. It was apparently based on the fact that one of the covered parking spots had, at the time of purchase, the number 205 painted on it. Appellants assumed the parking spot was reserved for their unit. The requirements for adoption of condominium rules and regulations are: each unit owner must be mailed a copy of the proposed rule, notice that the owner is permitted to submit written comments, and notice of the proposed effective date of the rule; an open meeting must be held to allow unit owners' comments on the proposed rule; the rule must be passed at a regular or special meeting by majority vote. Md. Code, (1974, 1988 Repl. Vol.),

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