Maryland Parking Rules and Regulations of Homeowners' Association

State:
Multi-State
Control #:
US-1128BG
Format:
Word; 
Rich Text
Instant download

Description

Parking enforcement by the Homeowners' Association (HOA) can be an especially frustrating problem for both boards and members, because it concerns one of the most valuable items in a homeowner's possession: their vehicle. Most HOAs have rules for parking laid out in their Covenants, Conditions, and Restrictions and rules, typically covering restrictions such as: (1) What types of vehicles are allowed (commercial, recreational, etc.); (2) Where members may park; and (3) How long a vehicle may be parked in one spot.
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FAQ

To sum up, the rights of a condominium unit owner are the following: Right of absolute ownership over his unit. Right of exclusive easement of the space of his unit. Right to repair, paint, decorate the interior of his unit.

If your HOA is unresponsive to written communication, the first thing you want to do is take every action to contact the directors by phone. If you get no answers, find out if they are holding a meeting and attend it. If they still don't address your concern, you might need to seek legal advice.

In 2020, a new law was enacted to require condos, coops and HOAs in Prince George's County, Maryland to obtain a study of the association needs for future major replacement and repair of common property, and require the annual budget of condos and coops to provide funds for future repair work.

Common Ownership Communities, Montgomery County Code ? 10B-1, et seq.: The state grants Montgomery County the authority to regulate the establishment and operation of common ownership communities, including, condominiums, homeowners' associations, and cooperatives in Montgomery County, Maryland.

Problem SolutionMaryland Small Claims Court (District Court) on Common Ownership Communities. .

The Maryland Cooperative Housing Corporation Act governs the creation, ownership rights, management, and voting of cooperatives in the state. You can find this Act under Sections 5-6B-01 through 5-6B-33 of the Maryland Code.

It may be possible for the HOA or condo to sue you for unpaid fines and to place a lien against your property for unpaid fines. By law, hearings held within a condo may be appealed to in court.

Problem SolutionMaryland Small Claims Court (District Court) on Common Ownership Communities. .

Limits of Authority: Public vs. In general, parking restrictions contained in the CC&Rs, which are filed in the real estate records and run with the land, are legally enforceable on private streets. However, HOAs do not have the authority to enforce parking restrictions on public streets unless authorized by law.

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Maryland Parking Rules and Regulations of Homeowners' Association