April 12, 2010

Honorable Nancy Navarro

Montgomery County Council, District 4
100 Maryland Avenue
Rockville, Maryland 20850

Dear Councilmember Navarro:

The Board of Appeals has asked me to convey to you its thanks for your
recommended addition to the application form for Accessory Apartment special
exceptions. As you suggested, we have added a disclaimer to the form as follows:

Please note: Approval of a special exception is separate from Homeowner

Association (HOA) and Condominium agreements and covenants, which
may prohibit accessory apartments. Homeowners should consult their
Condominium or HOA documents. The Board of Appeals cannot enforce
HOA or Condominium covenants, which are private contractual
agreements.

We appreciate this helpful suggestion, and look forward to working with you
further on this and any other issues of concern.

Sincerely,

Katherine Freeman
Executive Director

cc: Members, Board of Appeals

Miti Figueredo