BRIEF HISTORY
LeVay Rockcreek, Inc. built Rock Creek Gardens as apartments in 1941 and converted to condominiums in 1980. It is a 31 building, garden-style community with 227 residential units. There are 242 parking spaces, and a swimming pool with a pool house.

AN INTRODUCTION TO CONDOMINIUM LIVING
The term “condominium” refers to a form of property ownership rather than any specific type of architecture. Condominiums may be multi-story, apartment type buildings; townhouses; duplexes; patio homes; and even single family detached homes. While this form of ownership has been around for centuries in Europe, it has only been since the 1960′s that condominiums have gained widespread acceptance in the United States.

Like the owner of a single family detached home, the condominium unit owner is the sole owner of his home holding title in fee simple. However, in a condominium, the unit owner also holds an ownership interest in the other property that is part of the community, including the land on which the condominium is developed, parking areas, landscaped areas, the portions of the building designed for the general use of the residents, and building support functions. The property owned in common with the other unit owners is the “common elements”. Each owner’s share of ownership on the common elements is set forth in the Declaration. The Declaration is the statement of legal rights, title and obligations of the condominium and is recorded among the land records of Montgomery County, and with its accompanying exhibits is part of the deed to each unit.

The ownership interest each unit owner has in the common elements cannot be separated from his ownership interest in his unit. Thus, the share of common element ownership is characterized as an undivided interest. It is the ownership of an undivided interest in the common elements that sets condominium ownership apart from other forms of property ownership.

The ownership of an undivided interest in the common elements is called a percentage interest, and gives the unit owner the right to participate in the affairs of the Rock Creek Gardens Council of Unit Owners (subject to certain rights of the developer during the development period as set forth in the Declaration and Bylaws, or the “condominium instruments”). The obligation to pay a defined share of the expenses of administering, operating, maintaining and insuring the condominium is also based on the percentage interest. At Rock Creek Gardens, both voting rights and assessments are based upon this percentage interest.

Certain common elements are designated as limited common elements. A limited common element is a portion of the common elements set aside for use by less than all of the unit owners. In most cases, the specific limited common element is for the use and enjoyment of the owner and occupants of just one unit. The unit owner of a unit to which a limited common element is assigned has a special right to use the limited common element as set forth in the condominium instruments.

Some common elements may be designated as reserved common elements. A reserved common element is a portion of the common elements that may be set aside for use by any number or all of the unit owners by the Board of Directors of the Unit Owners Association. A reasonable fee may be charged for the use of a reserved common element and use must be in accordance with rules established by the Board of Directors.