Lack of money has stalled repairs at an Adelphi-area condominium complex whose residents say vagrants broke their heating system seven months ago, a Maryland District Court judge said Tuesday.
Judge Bryon Bereano urged Marylander Condominiums officials to file an application with plans to bury electrical feeders they jerry-rigged to power portable heating and cooling units.
The units have sustained roughly half of the complex’s 200 units since a boiler ruptured the day before Thanksgiving.
Judge Bereano suggested Aug. 12, Sept. 22 and Oct. 27 as dates for a contempt of court proceeding if the condo owners’ association fails to give the paperwork to Prince George’s County.
At the same time, the judge acknowledged that a planned condo association election in September could replace the current board and the property management company Quasar.
“That may potentially stall any contempt action,” Judge Bereano said.
Duane Demers, an attorney representing the condo association, told the judge that internal squabbling among condo owners delayed a scheduled June 11 board election until September, making it impossible to spend any money before then.
He said after the hearing that disgruntled residents have withheld their monthly condo association dues since Circuit Court Judge William Snoddy ruled on May 18 against their attempt to replace the board. As a result, the condos were unable to pay an $80,000 Washington Gas bill last month.
“There needs to be a unified front,” Mr. Demers said outside the courtroom.
According to Quasar, disgruntled homeowners withheld $100,000 in dues last month, leaving the association with just $111,000 to pay bills and cover the repairs.
Property managers estimate that it will cost $161,000 to bury the electrical feeders, including hefty application fees. They have declared the boiler unsalvageable and estimated that replacing it would be prohibitively expensive.
Calisa Smith, a county attorney, confirmed during Tuesday’s hearing that government officials plan to proceed with contempt charges if the condo association does not file paperwork to bury the wires.
County inspectors insist they cannot verify the condos are habitable again until the wires are buried. They have petitioned a circuit court judge to place the Marylander in receivership, which would allow them to direct the repairs and appoint a new property manager.
Stephen Williams, another county attorney assigned to the case, said the receivership case was still pending on Tuesday.
“The position has always been that they have to get in compliance,” Mr. Williams said in a phone call after Tuesday’s hearing. “It doesn’t matter to us which board does that.”
‘Vacate immediately’
Homeowners of 58 of the 108 affected units have refused to comply with an “unfit for human habitation” notice directing them to “vacate immediately” that county inspectors posted on Dec. 10.
Court papers show the code violation notice caused a bank to withdraw financing, leaving condo owners unable to afford repairs or sell their units.
Overuse of portable heaters overwhelmed the electrical system during one of the coldest winters in recent memory, leaving many units without power.
As a result, a February enforcement order from Judge Bereano authorizing deputies to force residents to leave for the duration of repairs has remained in effect, despite county sheriffs taking no steps to enforce evictions.
Most condo residents insist they cannot afford to relocate. Many have also complained that Quasar raised their monthly dues to pay for ongoing repairs, and insisted the company should cover them out of its own pocket.
Yvonne Stewart attended Tuesday’s hearing on behalf of her daughter, a condo owner whose monthly condo dues doubled from $600 to $1,200 last year on top of her mortgage payments.
Ms. Stewart said she began paying the dues last month when her daughter spent $2,000 on court fees to remove a lien on her property after several months of nonpayment.
“Most of the tenants are angry because they can’t afford it,” Ms. Stewart told The Washington Times. “It’s a real dilemma and it needs to stop before it pushes them to become homeless.”
Residents say police have rarely arrested transients from a neighboring tent encampment who frequently break into their common spaces to sleep, defecate, have sex and use illegal drugs.
Under Judge Bereano’s direction, Quasar has effected several repairs, including installing new door locks and repairing a property fence that the vagrants routinely bypassed. As of Tuesday, the company said it was also nearly finished installing new security cameras.
Kenneth Brown, Quasar’s CEO, said these measures have had some effect. But he noted that the encampment swelled back to as many as 70 people in recent weeks as the weather grew warmer.
He also confirmed the company has issued non-payment notices to condo owners who have stopped paying their monthly dues.
“All of this pushes the property closer to receivership,” Mr. Brown said after the hearing.
