Homeowners in Maryland planned communities must abide by federal and state housing-related laws, developer’s covenants, conditions, and restrictions, and the homeowner association’s rules and regulations. An HOA has considerable power. Ensure you read all the disclosures before purchasing a home in an HOA-governed community.
CC&Rs
The Maryland Homeowners Association Act oversees the creation, governance and management of homeowner associations. Property developers must adhere to these rules when establishing a governed community.
Community association law dictates the framework, but the developer itemizes and records the restrictions. Examples include the following:
- No leasing
- No street parking after midnight
- Garage doors must face the street
- No home businesses
- No leasing
- No fences
Bylaws
Developers also create the bylaws that describe how the HOA conducts itself. Bylaws typically include the following categories:
- General provisions
- Member meetings and voting rights
- Board meetings and duties
- Committees
- Books and records
- Amendment procedures
Rules and regulations
The CC&Rs and the bylaws are recorded in the county records when the property development incorporates, and disgruntled homeowners cannot easily alter them. However, an HOA’s rules and regulations are not recorded and are subject to change through voting or legal action.
The board of directors enacts rules and votes on members’ requests to modify them. If you want to amend a regulation, you might ask the board to vote on your proposal at the next meeting. If you feel that your suggestion benefits other homeowners in the community, submit a signed petition to the board before the meeting.
Penalties
If the CCRs allow it, an HOA may fine you for violating one of the restrictions, rules or regulations. However, if the violation conflicts with a state or federal law, it is unenforceable, and you might want to sue the association for your right to proceed.
HOAs help keep neighborhoods looking nice, which is one of the reasons prospective homeowners seek out managed communities. However, ensure you agree with all the restrictions before signing the purchase contract.
