Brownstones at Park Potomac Homeowners Ass'n v. JPMorgan Chase Bank, N.A.
123 A.3d 1001
| Md. | 2015Background
- Brownstones at Park Potomac HOA filed a District Court suit (Nov 1, 2013) alleging JPMorgan Chase failed to pay HOA dues after taking possession of a Potomac property.
- Chase filed a Notice of Intention to Defend (Nov 27, 2013) and moved to dismiss (Jan 28, 2014).
- District Court heard the motion on March 10, 2014, and the written order granting the motion and dismissing the case with prejudice was recorded on the District Court docket the same day.
- The HOA filed a notice of appeal to the Montgomery County Circuit Court on April 10, 2014 (30-day deadline would have been April 9, 2014).
- The circuit court affirmed the dismissal without a hearing; the HOA sought certiorari to the Court of Appeals, which granted review.
- The Court of Appeals dismissed the appeal for lack of jurisdiction because the appeal to the circuit court was untimely; the substantive question about a lender’s liability for HOA assessments was not decided.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the HOA’s appeal from District Court to circuit court was timely | Docket is ambiguous as to entry date; thus appeal should be considered timely or at least not dismissed on procedural grounds | Docket clearly shows the District Court entered judgment on March 10, 2014, so the April 10, 2014 appeal was one day late | Appeal untimely; appellate courts lack jurisdiction; appeal dismissed |
| Whether a lender that takes possession (but does not obtain fee simple title by foreclosure or deed in lieu) is liable for HOA assessments | HOA argued lender liable for assessments after taking possession | Chase argued liability depends on becoming fee simple owner by foreclosure/deed in lieu (i.e., mere possession insufficient) | Not reached — substantive question left for another day due to dismissal for lack of jurisdiction |
Key Cases Cited
- Brownstones at Park Potomac v. JP Morgan Chase Bank, 441 Md. 666 (Md. 2015) (grant of certiorari to consider underlying question)
- Ruby v. State, 353 Md. 100 (1999) (failure to file timely notice of appeal deprives appellate court of jurisdiction)
- Woodfield v. West River Imp. Ass’n, Inc., 395 Md. 377 (2006) (rules using mandatory language create binding procedural obligations)