If negotiations with the HOA do not lead to a resolution, it may be necessary to take further legal action. This could involve lodging a formal complaint with the Maryland Office of the Attorney General or even proceeding with a lawsuit.
To form an HOA in Maryland, one must adhere to specific legal frameworks that include forming Articles of Incorporation and filing them with the State Department. It is through these initial steps that an HOA is legally recognized. The process integrates both state law and the particular needs of the community.
The statute of limitations for enforcing HOA debts and violations in Maryland is typically three years. This means that the HOA must take legal action within three years from the date the debt was incurred or the violation occurred to recover any monies or enforce compliance.
While homeowners' associations in Maryland are governed by the federal FDCPA, the state also has an additional legislature that regulates the collection of debt at the state level.
This could involve lodging a formal complaint with the Maryland Office of the Attorney General or even proceeding with a lawsuit. In these situations, your lawyer can help by guiding you through the process, assisting in the preparation of necessary documents, and presenting your case in the most effective manner.
While homeowners' associations in Maryland are governed by the federal FDCPA, the state also has an additional legislature that regulates the collection of debt at the state level.
Who can give me information about a specific HOA? Ask your licensed real estate professional, your local Judge of Probate or call/visit the subdivision office. All HOAs have documents on file in the Probate Judge's office locally.
Other rules apply to the use of the facilities and the adherence to certain architectural guidelines. Anyone who doesn't comply with these laws may be subject to fines, but the HOA can't evict them. These fines, along with unpaid HOA fees, can lead to the removal of non-compliant homeowners from a community.
Starting January 1, 2024, the HOA fines associated with things like overgrown landscaping, parking violation, house alterations and more become clearer. "Sometimes it's a matter of lack of communication that happens in some HOAs,” he said. “And the intent of this bill is to make sure that that communication happens."