A Howard County judge has ruled that a Columbia couple does not have to pay more than $45,000 in accrued annual fees to the Columbia Association because the statute of limitations in the case has run out.

Circuit Court Judge Diane Leasure signed an order in October freeing Joseph Poteet and Shirley Clarke-Poteet, formerly of the 5900 block of Waterloo Road, in Long Reach, from paying fees dating back to 1973.

"They are pleased their position was eventually exonerated and they're pleased with the result," said Andrew Radding, an attorney for the couple.

The Columbia Association has appealed the decision to the Court of Special Appeals, according to court documents.

A spokeswoman for the Columbia Association declined to comment on the case because it is still under litigation.

The Columbia Association contended in court documents that the Poteets "failed to pay the annual charges for the period from July 1, 1973 through June 30, 2006 and that the past due charges of Dec. 31, 2008 total $45,716.18."

But the Poteets argued that when they bought the house it was not incorporated in Columbia. Additionally, they said, they were never allowed to use CA facilities, including parks, playgrounds and pools, because the Columbia Association claimed the land was in Ellicott City, according to court documents.

Radding argued that the statute of limitations, which limits the time period in which legal action can be taken, was exhausted three years after the Poteets sold the house in 2006.

The Poteets declined to comment on the case through a spokeswoman for their attorney.

The couple acquired the house in 1969 and started receiving charges from the Columbia Association in 1973, according to Radding. When the house was acquired in 1969, it was not incorporated in Columbia, Radding said, although it later was incorporated. Over the years, he said, the mailing address shifted back and forth between Columbia and Ellicott City.

The Columbia Association continued to bill the Poteets annually, but never took any additional action to collect the fees. Until they sold the house in 2006, the Poteets continued to assert that the Columbia Association had no right to assess their land.

The title was transferred to a new owner in April 2006, according to Radding.

Radding said he viewed the decision as "very significant in the overall concept of homeowners' association taxation and relationships with its members."

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user comments (3)

user belovedcartoonmouse says...

Haha. Way to suck, CA!

Posted 3:03 PM, 12.10.09 | Permalink

user mdl7 says...

And again I am thankful to God that we are living in Ellicott City not Columbia. This family did not receive nor take advantages of any of the benefits that would have been afforded to them by a CA membership - yet they are being harrassed by this organization. And what is CA spending on legal fees, throughout this whole fiasco?

Posted 8:52 AM, 12.11.09 | Permalink

user lostfaith says...

good for them. CA is paying 1973 rent in their space downtown. Maybe they should pay rent to the property group that is of today's rate.

Posted 9:34 PM, 12.17.09 | Permalink