Roberto M. Montesinos

Roberto M. Montesinos

COUNSEL
rmontesinos@wtplaw.com
ROCKVILLE
T: 301.804.3614
F: 301.804.3644

WASHINGTON
T: 301.804.3614
F: 301.804.3644



Mr. Montesinos focuses his practice on representing a variety of businesses and organizations throughout Maryland and the District of Columbia. 

In his community association practice, Mr. Montesinos counsels community associations in covenant enforcement, revising and amending governing documents, transition from developer to owner control, warranty claims, and collection of delinquent assessments. Mr. Montesinos also defends community associations in fair housing complaints, breach of contract claims, environmental claims, personal injury and tort actions in state courts and before administrative bodies. 

In addition, Mr. Montesinos also represents a number of small businesses, including several restaurants, and individuals counseling them on a wide range of corporate, licensing, permitting and general real estate matters. 

Mr. Montesinos has also litigated a number of higher education matters, criminal matters and served as insurance defense counsel for many community associations.

Recognitions

  • Listed in DC & Maryland Super Lawyers as a "Rising Star," 2015 - present
 

Memberships & Activities

  • Habitat for Humanity Metro Maryland, Development Committee Counsel Member
  • Member: Maryland State Bar Association; Young Lawyers section
  • Member: District of Columbia Bar Association
  • Member: Montgomery County Bar Association
  • Member: American Bar Association
  • Member: Duke Club of Washington
  • Member: Community Associations Institute (CAI); Chesapeake Chapter, Washington Metropolitan Chapter

Community Associations

Governing Documents

  • Reviewing, amending and  drafting community governing documents, including bylaws, declarations of covenants, and rules and regulations
  • Enforcing covenants and rules and regulations against community homeowners
  • Training community boards regarding governance and liability issues


Construction Defect/Warranty Issues

  • Negotiating, and, if necessary, filing suit against community developers for structural defects and deficit funding claims 


Community Association Litigation 

  • Representing community associations in legal proceedings before both the Maryland and District of Columbia courts
  • Relations with government agencies 
  • Collection of assessments against delinquent homeowners
 

Small Business

  • Counseling on a number of matters impacting small businesses on a daily basis, including: vendor contracts, employment concerns, licensing, permitting and lease negotiations
 

General Litigation

  • Representation of a large national accreditor in administrative appeals and federal court lawsuits 
  • Representation of various individuals in criminal matters before the Maryland courts 
  • Community association insurance defense litigation

ARTICLES

Are You Secure? - Security Concerns for Community Associations

Community associations, their managers, board members, and members are justifiably concerned about security.  Whiteford, Taylor & Preston, LLP serves community associations in Delaware, Maryland, the District of Columbia, and Virginia.  Attorneys licensed to practice in each of the these jurisdictions discuss specific security concerns for each below.

Dryer Vent Safety

The U.S. Consumer Product Safety Commission reports that more than 15,000 home fires are caused each year by faulty or improperly maintained dryers. More than half of these fires are caused by dryer vents that have failed to be cleaned. As temperatures begin to rise, it is time for community associations to examine what type of policy is in place regarding dryer vent maintenance.


Montgomery County Towing Amendments

New laws will take effect in Montgomery County, Maryland on November 30, 2015 which will impact parking and towing policies in community associations. This article will highlight the new requirements under Chapter 30C of the Montgomery County Code (“Code”) of which all community associations in Montgomery County need to be aware. 


Protecting Your Community: Considerations in Creating a Safe Community Environment

The transition into the cold and dark of winter offers an excellent opportunity for community associations to analyze safety and security issues. In this article, we will examine some of the routine steps a community association can take in order to minimize the risk of crime and prevent injury in the community. We will also examine the legal issues associated with maintaining or instituting a “neighborhood watch” program.


Suspension of Community Privileges: District of Columbia

A community association’s ability to suspend an owner’s voting privileges and community privileges, such as parking, pool, and/or fitness center access, is a powerful tool associations can use in getting the attention of owners who are in violation of association governing documents.  This tool is typically used when an owner is delinquent in paying his or her assessments and can serve as a deterrent for non-payment as well as an effective means of assessment collection.  It is important to note, however, that before an association can proceed with suspending an owner’s voting.


Suspension of Community Privileges: Maryland

A community association’s ability to suspend an owner’s voting privileges and community privileges, such as parking, pool, and/or fitness center access, is a powerful tool associations can use in getting the attention of owners who are in violation of association governing documents.  This tool is typically used when an owner is delinquent in paying his or her assessments and can serve as a deterrent for non-payment as well as an effective means of assessment collection.  It is important to note, however, that before an association can proceed with suspending an owner’s voting.


Lien Foreclosure in Maryland

With assessment collections continuing to be problem for many community associations in Maryland, manager and board members alike are exploring alternative methods for collecting delinquent assessments. Here is a summary of the general process and timetable for the lien foreclosure procedure in Maryland.


Maryland Court of Special Appeals Upholds Board's Decision to Deny Architectural Application

A recently reported decision issued by the Maryland Court of Special Appeals offers some guidance and support for community associations on two issues that are frequently the subject of homeowner disputes. The case of Randall Reiner, et ux. v. Clifford Ehrlich, et al. involved a homeowners association’s denial of a request to install a new roof on a home using materials not authorized by the bylaws of the association. The Plaintiffs in the case filed suit against the homeowners association and sixteen individual community members. After holding a hearing, the underlying circuit court dismissed the complaint as to the individual homeowners, and entered summary judgment in favor of the homeowners association. On appeal, the Court of Special Appeals held that the granting of summary judgment in favor of the Association and the dismissal of the individual homeowners was proper.


Installation of Electric Car Charging Stations

Over the past year, community boards have faced an increasing number of requests from owners wishing to install electric car charging stations (“ECCS”) in their assigned common element or limited common element parking spots. Given the growing popularity of fuel efficient vehicles, community boards can only expect to receive mounting requests of this nature in the future. In this article, we will explore a number of issues that community boards should consider with respect to the installation and maintenance of ECCS. 


NEWS