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Residents of the North Sherwood Forest Homeowners Association say some of its board and management have used money given to them for the nearby Intercounty Connector to hire an attorney to enforce alleged property violations. Some residents argue the association is enforcing measures that haven't been addressed due to community apathy.

Last year, the State Highway Administration gave about $520,000 to the HOA after the HOA sold some of its common land to the ICC. Since then, frustrated residents have voiced their concerns about the HOA's lack of regular, open meetings and say the HOA board has spent money without the approval of the entire board. The HOA is overseen by Greenbelt-based Williams Community Management.

"This is an example of the ICC basically giving us money … and it's bringing out the worst in the homeowners," said Hans Mair, a 21-year resident of the North Sherwood Forest who is considering running for a spot on the board if one becomes available.

Deepak Ohri, a member who stepped down as president but remains on the board, said the board has spent about $14,000 to $15,000 on attorney fees to defend charges brought on by HOA members to the county Commission on Common Ownership Communities.

"The biggest expense was trying to defend the HOA," Ohri said.

Nicki Williams, the owner of Williams Community Management, said attorney fees have come from North Sherwood Forest HOA funds and that no HOA residents have been taken to court over property violations.

Don Noyes, a board member, said open, regular meetings are needed, particularly since the board has more money to spend with the ICC funds. Noyes and another board member, Jose Rodas, agreed to step down from the board. Noyes cited the need for a fresh start for the board as his reason to leave. Other community members also want a new board, calling on the other board members to resign.

In a June 16 e-mail obtained by The Gazette, Noyes said the 2009 budget for legal expenses was $2,500. Since the ICC money has come in, that total has swelled to more than 330 percent over the budgeted amount, he said. Noyes said he did not approve the increase and the full membership of the board was not present when the legal expenses were approved.

"A budgeted amount cannot be surpassed by more than 15 percent without a board vote, according to [Maryland] law," Noyes said in the e-mail. "Yet with no board approval, this budget item [for legal expenses] surpassed the budgeted amount by more 330 percent. Our HOA cannot continue on this path without draining all its funds."

Noyes' wife, Laura Noyes, said the board is spending more now than in years past. She said mailing costs, which are decided by the board, have increased from $400 a year in 2005 to more than $10,000. She expects more spending as more residents receive notices for violations of HOA rules.

According to a summary of rights from the nonprofit Maryland Homeowners Association Inc., homeowners have a right "to be informed of increases in excess of 15 percent of budgeted amounts," including the increase in legal expenses.

"It's a lot of money and it tends to make people do strange things," said Jeanne Ketley, president of the Bethesda-based association, a statewide advocacy group. Ketley said it's rare for an HOA to receive a large amount money like the North Sherwood Forest HOA did.

If a dispute goes past the arbitration stage, Ketley said, there is no further step. She recommended fines as punishment.

The Noyes were cited for allegedly building a shed in their backyard. While sheds are not allowed in the HOA rules, the Noyes said they have built a playhouse. They decided to take their case to county Commission on Common Ownership Communities, and the HOA hired an attorney to defend its claim that the shed was against the rules.

Patricia Wigginton, a Maryland Homeowners Association board member, said an attorney is not needed to go the commission but can be advantageous.

Some North Sherwood Forest HOA members object nonetheless.

"We're using our money to go after each other," Laura Noyes said in June. "This doesn't reflect what our community is about."

Some at the North Sherwood Forest HOA meeting last month lashed out at Kevin Thornton, an attorney for Baltimore-based Kaplan and Kaplan who served as a de facto moderator for the meeting. Ohri acknowledged he asked Thornton to attend without approval from the entire board.

"Why are you here?" a woman shouted from the back row. "How much are we paying you?"

Thornton replied that he was paid by a retainer fee.

"We need open transparency now," Don Noyes said at the meeting. "The conduct of some of the board members outside of [meetings] … is wrong."

Members have also complained that meetings have not been held regularly, decisions have been made without public meetings and without all board members present. The last scheduled meeting took place in December.

Ohri, a resident of the North Sherwood Forest for 18 years, said at the HOA meeting that community apathy has led to the HOA's current state. He said regular meetings would now take place since there's more community interest.

Ketley said if she was a member of the North Sherwood Forest HOA, she would "definitely try to get rid of that board" for its actions.

"All decisions must be a board decision," she said.

HOA members upset with the board's current state have gathered a petition to recall the board and will vote for new members this month. A special election will take place 7 p.m. July 16 at the Wheaton Library, 11701 Georgia Ave.

In a June 20 letter e-mailed to board members, some HOA members called the group "dysfunctional."

"The acting president and the property manager invited the attorney without board approval, despite our specific request to avoid that costly and unnecessary attendance," the letter said. "The reaction from the homeowners was more than appropriate."