Condo laws are largely pre-empted by state law, so much so that many local elected officials think they can’t help solve local problems unless they are granted certain authority through what is called a “state local law,” a state law written to apply only to a specific local jurisdiction…..However, that authority may have already been […]
How to protect yourself from abuse when communicating with your association (MD)
1) Send an email message. You need a written record of what you asked, and how the association responded. 2) If you do have a voice conversation, always follow that up with an email message. Write out Who, What, Where, When, and Why. Read the article…………………………….
HOAs vs. the Environment: Why It’s Time to Rethink the American Lawn
Growing up in a suburban neighborhood meant you most likely overheard adults bickering about the HOA at one point or another. My dad would often be irate after his weekly meetings with our HOA, and I vividly remember him coming home flabbergasted that the association wouldn’t let a family paint their shutters green. My dad […]
Abrupt HOA Meeting Notice Leads to a Court Case on a Fire Alarm System
The Willoughby Condominium Association (the “Association”) needed to update its drastically outdated fire alarm system, which had not been updated for more than 50 years. The Board called for a special Board meeting to approve the more than $1 million project to bring the system into compliance with county code. The Board posted notice of […]
LEWIS D. THOMAS v. PATRIOT SQUARE HOMEOWNERS’ ASSOCIATION, INC.
This case is about some modern-day descendants of the dinosaurs, i.e., chickens, and the U.S. mail. Lewis D. Thomas, appellant, owns a home on real property that is subject to a recorded Declaration of Covenants, Conditions, and Restrictions, the enforcement of which is committed to the Patriot Square Homeowners’ Association, Inc., appellee (“Patriot Square”). Read […]
Effective Communication Strategies for HOA Boards (MD)
Transparent and consistent communication is the cornerstone of every HOA community. Without it, there will be no trust between the HOA Board and homeowners. Yet, for something so important, many HOA Boards struggle with using good communication. Read the article…………………………….
How to Conduct Successful HOA Meetings: Tips and Tricks
Regular meetings are a crucial component of any successful homeowner’s association (HOA). These meetings allow homeowners and Board members to come together and discuss their community. Effective HOA meetings can create community cohesion, resolve issues, and promote trust between homeowners and the Board. Read the article…………………………….
Understanding the Role of an HOA Property Manager
Homeowner’s associations (HOAs) are an essential part of community living for most people in the United States. In fact, as of January 2024, 17% of people in Maryland live in an HOA. And the industry is growing significantly. As HOAs become more popular throughout the country, the challenges of their day-to-day management will become more […]
Maryland Community Association Law – Key Legislative Updates for 2025
Starting October 1, 2024, seven legislative bills changed Maryland Community Association Law for condominiums (“condos”), homeowners associations (“HOAs”) and cooperative housing corporations (“Co-ops”). Here’s a summary of these bills: Read the article…………………………….
Lower Required Percentage For Approval of Declaration Amendments Is Now In Effect (MD)
During the 2024 Session, the Maryland General Assembly passed Senate Bill 665 and House Bill 1496, which changed the amendment process in Section 11-103(c) of the Maryland Condominium Act so, as to lower the percentage required for approval of an amendment from 80 percent to 66 -2/3 percent of the total eligible voters in the […]
New Law Modifies Insurance Requirements for Detached Condominium Units (MD)
House Bill 1227, passed during the 2024 session of the Maryland General Assembly and signed into law by Governor Moore, changes the special insurance requirements for “detached” condominium units that arose from legislation passed during the 2023 session. The 2023 legislation amended Section 11-114 of the Condominium Act concerning the mandatory insurance that is required […]
2024 Maryland Community Association Legislative Update
The Maryland General Assembly passed legislation, effective October 1, 2024, that will impact community associations……Historically, condominiums have been required to obtain consent from 80% of the unit owners before an amendment could be made to the Declaration. This new law lowers the threshold requirement to written approval from 66.6% of the total number of unit […]
What are Maryland developers’ responsibilities for condo and homeowners associations amid legislation changes?
Back in the 2022 Maryland legislative session, mandatory reserve requirements were passed that applied statewide to all condominium and homeowners associations. Not only did these reserve requirements apply to existing condominium and homeowners associations, but the legislation also applied to newly formed associations before control transitioned to homeowners. Read the article…………………………….
Tip to Manage Large-Scale Amenities
We sat down with Aimee Winegar, CMCA, LSM, PCAM, general manager, Worman’s Mill Community Conservancy & Urbana Commercial Conservancy, in Frederick, Md., to discuss the challenges large-scale managers face, from navigating large swimming pools with water slides to fitness centers. Winegar, who has more than 30 years of experience managing large-scale communities, shares her tips […]
Bad Things Can Happen When Company Officers Use Their Private Email Accounts for Work (MD)
It is generally unwise to use private email accounts for company business. Clark v. Council of Unit Owners of the 100 Harborview Drive Condominium Association, 2024 WL 2155021 (D. Md. May 13, 2024)(Quereshi, J.), provides a good example. The Clark Court did two relevant things: It ordered targeted searches of the private email accounts of officers […]
2024 Maryland Community Associations Legislative Update
The Maryland General Assembly’s 2024 legislative session saw over 1,400 House Bills and 1,100 Senate Bills introduced, with several new laws passing that will affect community associations beginning on October 1, 2024. Read the article…………………………….
HOAs are blocking solar panels and native lawns. Here’s how to fight back.
More Americans than ever are running afoul of their HOAs for updating their homes in ways that benefit the environment, adding solar panels, native lawns, EV chargers, clotheslines or gardens. Once a rarity, 84 percent of newly built, single-family homes sold in 2022 were part of HOAs, according to the U.S. Census Bureau. Read the […]
Five Ways to Improve Community Association Collections (MD)
Community associations face many challenges, none more so than funding the upkeep and welfare of their communities. An owner who refuses to pay their share can put a heavy strain on a community association’s finances. Community associations must be proactive and aggressive in protecting their interests. Read the article…………………………….
Montgomery County’s Existing High-Rise Building Sprinkler Program Maryland 2023 (MD)
As of February 2023, a total of seventy-six (76) high rise buildings in Montgomery County do not have sprinklers in each unit. The National Fire Protection Association (NFPA) reports that more than 2,500 people die in home fires each year. Yet, the risk of dying in a home fire decreases by about 80% when a […]
Addressing Complaints of Marijuana Smoke In Community Associations Following Legalization Of Recreational Marijuana Use In Delaware and Maryland
As of April 23, 2023, and July 1, 2023, Delaware and Maryland, respectively, have legalized the personal use of marijuana. In light of the recent laws, common interest communities across these two states may soon (if not already), contemplate how to appropriately address an uptick in complaints related to marijuana smoke. Read the article………………………..
2023 Maryland Legislative Update
The 2023 legislative session has produced several changes to the Maryland laws applicable to community associations. This article provides a brief summary of these community association related bills recently passed by the Maryland General Assembly. Please note: All new laws set forth below will take effect on October 1, 2023. Read the article………………………..
Changes to Condominium Insurance Requirements For “Detached” Units (MD)
House Bill 98, making changes to condominium insurance requirements, was passed during this year’s legislative session and signed into law by Governor Moore. It amends Section 11-=114 of the Condominium Act concerning the mandatory insurance that is required to be maintained by the Council of Unit Owners. Read the article………………………..
Changes to Condominium Insurance Requirements For “Detached” Units (MD)
House Bill 98, making changes to condominium insurance requirements, was passed during this year’s legislative session and signed into law by Governor Moore. It amends Section 11-=114 of the Condominium Act concerning the mandatory insurance that is required to be maintained by the Council of Unit Owners. Read the article………………………..
Maryland Reserve Studies – What to Know; What to Do
In Maryland, condominiums have existed since at least 1964, when the plats for Charles Village Condominium and Central Park Condominium were recorded in the Land Records of Prince George’s County. However, housing cooperatives and homeowners associations predate even that. Read the article………………………..
Reserve studies of common areas (MD)
In this week’s article, we will wrap up provisions of the new law as they relate to who can conduct the reserve study and requirements of associations in providing the reserve study information to owners. Read the article………………………..
2023 Legislative Update For Maryland Community Associations
The Maryland General Assembly’s 2023 legislative session was the first under new Governor Wes Moore and resulted in several new laws that will affect community associations. There were also bills that failed which, had they passed, would have impacted community associations. Here are the updates: Read the article………………………..
Love it or Hate it, Your Community’s Governing Documents Reign Supreme
The host of Last Week Tonight with John Oliver recently made waves by criticizing common ownership community standards and enforcement actions. What John Oliver failed to mention is that associations not only have a right to regulate and enforce their governing documents, but an obligation to do so and residents have an obligation to comply. […]
Maryland Protects Homeowners who want to Protect their Environment
A recent change in Maryland law has made this old saying true for lawns and gardens within HOAs. Section 2-125 of the Maryland Real Property Article now prohibits homeowners associations from imposing their standard of “beauty” on the lawn of an owner or resident. Read the article………………………..
How To Handle an HOA Member Who Refuses To Pay (MD)
Obviously, member fees are important for running an HOA. They provide the income the community needs to function well. When an HOA member refuses to pay, it can greatly harm the community. In the rest of this article, we will tell you how to handle the situation the next time an HOA member refuses to […]
House Bill Would Authorize Local Governments To Create An Infrastructure Fund (MD)
House Bill 55, now pending in the Maryland General Assembly, would authorize a county or municipality to “establish a local trust fund or other appropriate fund for the purpose of repairing or rehabilitating infrastructure with communities that are subject to the requirements of the Maryland Condominium Act or the Maryland Homeowners Association Act.” Read the […]
How To Keep Residents Engaged in Their HOA (MD)
Living in an HOA community is an inherently communal experience. Yes, everyone has their own home. However, neighbors all live close to one another. Everyone has a vested interest in the community succeeding. Read the article………………………..
Condo rules for animals vary widely
When my clients are considering the purchase of a condominium or cooperative, they initially have three association guidelines on their minds: the rental policy, the renovation policy, and the pet policy. Read the article………………………..
Nature in the Valley: Brandon Farms meadow offers lessons for all
My email box was completely filled with forwards of the New York Times Dec. 14 article entitled, “They Fought the Lawn. And the Lawn’s Done.” What made the story so compelling was that it had all the elements of a blockbuster film: a simple scenario with a relatable protagonist who overcame significant challenges in her […]
LANCASTER NEIGHBORHOOD ASSOCIATION, INC. v. LANCASTER TOWNHOMES ASSOCIATION, INC. (MD)
This is an appeal from the dismissal of a complaint for declaratory judgment and injunctive relief by the Circuit Court for Charles County. In September 2019, Appellee, Lancaster Townhomes Association, Inc., (“LTA”) constructed a fence within its community without seeking prior approval from the Westlake Village Planning and Design Review Board (“PDRB”). An adjacent community, […]
Understanding the roles of the HOA board in Maryland
If you live in a community with a Homeowners Association (HOA), you are probably familiar with the board. They may have told you to pay fees, abide by the set laws in that community and so on. To understand why this is the case or why they have such powers, you need to know the […]
2022 Maryland Legislative Update
The 2022 legislative session has produced several changes to the Maryland laws applicable to community associations. This article provides a brief summary of these community association related bills recently passed by the Maryland General Assembly. Please note: All new laws set forth below will take effect on October 1, 2022. Read the article………………………..
Statewide Reserve Studies and Funding Required Effective October 1, 2022 (MD)
Building on the requirements put into place for Prince George’s and Montgomery Counties over the last couple of years, the Maryland legislature passed additional legislation requiring reserve studies and full reserve funding for ALL homeowners associations, condominium associations and cooperative associations (collectively, “Community Associations”) in all counties statewide. Read the article………………………..
Lawmakers push for more regulation (MD)
There have recently been cases of financial irregularities with Maryland HOAs, and one lawmaker is pushing for more regulation. He is seeking more protection for consumers. The aim is to train community managers to know the rules in order to make decisions that benefit the homeowners as well as the HOA. Read the article………………………..
Master policies at condos only cover exterior
Condominium associations provide master policy insurance coverage, but a master policy usually covers only the building’s exterior and common areas. To have coverage for what is inside your condo unit, an H06 insurance policy is usually recommended and, in most cases, required, especially if there is a mortgage on the property. Read the article………………………..
All Condos and HOAs Are Now Required To Undertake Regular Reserve Studies (MD)
As previously reported, during the 2022 legislative session, the Maryland General Assembly passed new legislation requiring all condominiums, homeowner associations, and housing cooperatives to undertake regular reserve studies of common area components. Read the article………………………..
All Condos and HOAs Are Now Be Required To Undertake Regular Reserve Studies (MD)
As previously reported, during the 2022 legislative session, the Maryland General Assembly passed new legislation requiring all condominiums, homeowner associations, and housing cooperatives to undertake regular reserve studies of common area components. The Governor did not sign the bill, but it became law under Art. II, Sec. 17(c) of the Maryland Constitution, which provides that […]
Case Law Breakdown: The Interested Director in Maryland
The opinion issued by the Maryland Court of Special Appeals recently in the case of Cherington Condominium v. Kenney delved into issues relating to the Business Judgment Rule. Read the article…………………..
Maryland law affects the decisions of HOA boards
The homeowners’ association (HOA) establishes and enforces the rules and responsibilities of homeowners within a neighborhood. However, Maryland’s laws control the actions that all community associations take. The legislation determines how associations are formed, the rights of each member and the extent of their powers over other people. Read the entire article……………………………….
2022 Maryland Community Association Legislative Update
The 2022 Maryland General Assembly was an active session for the community association industry. Four bills of particular significance to Maryland’s more than 6,800 common interest communities will become law. These bills will take effect on October 1, 2022. Read the article………………………..
If You Play the Business Judgment Card, I’ll Play the Interested Director Card (MD)
In Cherington Condo. v. Kenney, No. 157, Sept. Term, 2021, 2022 WL 959967 (Md. Ct. Spec. App. Mar. 31, 2022), the Board of the Cherington Condominium Association in Montgomery County voted to require that all residents pay for the maintenance of outdoor spaces around the townhouse units. Read the entire article……………………………….
PARK SUTTON CONDOMINIUM, INC. and BARKAN MANAGEMENT, LLC v. DORA C. JOHNS (MD)
In the Circuit Court for Montgomery County, Dora C. Johns, appellee, brought an action against Park Sutton Condominium, Inc. and Barkan Management, LLC, appellants, for breach of contract, negligence, nuisance, trespass, fraud, and negligent representation. Appellants answered her Complaint and filed a Motion for Summary Judgment, which was granted as to the nuisance and trespass […]
Resolving HOA disputes in Maryland
Living in a community with a Homeowners Association (HOA) in Maryland can be wonderful – until there is a dispute. Then, it can feel like living in a dictatorship. If you are having trouble resolving an HOA dispute, don’t worry – you are not alone. Here’s the ultimate guide to resolving HOA disputes, covering everything […]
Disagreements with your condo or homeowners association in Maryland
You live in a homeowners association (“HOA”) or a condominium (“condo”) and you want to build a shed or put up Halloween decorations outside your unit. So, you build that shed or you put up orange lights and a pumpkin on your balcony. The next thing you know, the HOA or condo board has sent […]