MONTGOMERY COUNTY COUNCIL

ROCKVILLE, MARYLAND

Nancy Navarro
District 4

March 26, 2010

Katherine Freeman, Executive Director

Board of Appeals
100 Maryland Ave, Room 217
Rockville, MD 20850

Dear Ms. Freeman:

I am writing to you regarding the special exception process for accessory apartments.

It has come to my attention that applicants may receive special exceptions for accessory
apartments even where their Homeowners Association (HOA) specifically prohibits them. In
these circumstances, HOAs are often forced to incur costly legal fees to defend their covenants in
court. I believe that a simple disclaimer on the special exception application for accessory
apartments, stating that a resident s HOA covenant may prohibit accessory apartments even if a
special exception is granted, would prevent many of the difficulties and expense HOAs and
residents have encountered due to the confusion surrounding this issue.

I respectfully request that the Board of Appeals include such a disclaimer on its accessory
apartment applications. This modest and inexpensive change may go a long way towards
preventing future problems.

Thank you for your assistance with this matter. If you have any questions, please contact
my Chief of Staff, Miti Figueredo, at 240-777-7953.

Sincerely,

Nancy Navarro
Montgomery County Council, District 4

COUNCIL OFFICE BUILDING, ROCKVILLE, MARYLAND 20850 240-777-7968 - TTY 240-777-7914