HOA LAWS AND REGULATIONS

Federal Laws - In addition to state law regulations, the federal government has laws that govern the operation and management of common interest communities, condominiums, cooperatives, and residential properties in the state of Maryland.
Maryland Discrimination in Housing Law, Md. Code Ann., State Gov't §§ 20-701, et seq.: The law protects people from housing discrimination based on race, color, religion, sex, familial status, national origin, marital status, sexual, orientation, gender identity, or disability. The Act provides state-level protections similar to the federal Fair Housing Act (FHA).
Victims of housing discrimination can file a complaint with Maryland's Commission on Human Relations or HUD within one (1) year from the date of the discriminatory act. Victims may also file a private lawsuit in federal district court within two (2) years of the discriminatory act.
Maryland Consumer Debt Collection Act, Md.Code Ann., Com. Law II §§ 14-201–14-204. The Act regulates debt collection practices at the state level and is very similar to the Fair Debt Collection Practices Act (FDCPA). The Act prohibits abusive, deceptive, and unfair practices outlined under §14–202 by debt collectors when attempting to collect a debt.
Victims of unfair debt collection practices can file a complaint against a debt collector with Maryland Collection Agency Licensing Board, the FTC, or the CFPB. Under the FDCPA, victims also have the right to sue a debt collector in state or federal court within one year from the date of the violation.
Maryland Homeowners' Association Act, Md. Code, Real Property §§ 11B-101 through 11B-118. The Act governs the formation, management, powers, and operation of homeowners’ associations in Maryland.
Maryland Condominium Act, Md. Code, Real Property §§ 11-101 through 11-143. The Act applies to all condominium associations, except as otherwise provided in the Act. For more on the applicability of the Maryland Condominium Act to condominiums that were established before July 1, 1982, see § 11-142.
Maryland Cooperative Housing Corporation Act, Md. Code, Corporations & Associations §§ 5-6B-01 through 5-6B-33. The Act recognizes and provides a structure for cooperative ownership, including formation, management, voting, and ownership rights in Maryland.

Maryland Non-Stock Corporation Act, Md. Code, Corporations & Associations §§ 5-201 through 5-208. Nonstock corporations in Maryland are governed by the Nonstock Corporation Act with regard to corporate structure and procedure.
Most associations in Maryland are nonstock corporations (incorporated under Maryland law). To check the corporation status of a Maryland association, visit the Maryland Corporations Commission and conduct a search under the association’s legal name.
General Provisions Relating to Directors and Officers of Corporations, Md. Code, Corporations, and Associations §§ 2-401 through 2-507. This section is applicable to nonprofit or non-stock corporations.
Maryland Contract Lien Act, Md. Code, Real Property §§ 14-201 through 14-206. The Act authorizes the creation of a lien upon a property due to a breach of contract and gives condominium and homeowners’ associations the authority to foreclose on a lien to collect assessments from delinquent homeowners.
Express and Implied Warranties, Md. Code, Real Property §§ 10-201–10-204.
Books and Records; Meetings, Md. Code, Real Property § 11A-128.
Immunity of officers and directors, Md. Code, Real Property § 14-118.
Display of United States flag, Md. Code, Real Property § 14–128.
Installation and use of a clothesline, Md. Code, Real Property § 14-130.
Community Association Managers Registry, Md. Code, Real Property § 14-131. All common ownership communities and management companies must register annually with the Office of Community Relations. This section applies only to Prince George’s County. View the list of registered community associations and management companies in Prince George County.
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.
Common Ownership Communities, Prince George’s County Code, Subtitle 13 § 13-183, §§ 13-314, et. seq. The code provides a legal framework for establishing and operating homeowners' associations, condominium associations, and cooperative housing corporations in Prince George, Maryland.

SOLAR PANELS

Covenants restricting installation of solar-collector systems, Md. Code, Real Property § 2-119. The statute provides limitations to restrictions on land use that impose unreasonable limitations on the installation of a solar collector system, and defines “unreasonable limitations” as restrictions that increase the cost or decrease the efficiency of the system significantly.
Recommended Reading:
- Blood v. Stoneridge at Fountain Green, 215 A. 3d 415 - Md: Court of Special Appeals 2019
Maryland Energy Administration - Maryland Energy Administration Office provides renewable energy information and resources.
National Renewable Energy Laboratory - The agency provides data sets, maps, models, and tools for the analysis of energy and energy-efficiency technologies.

LEGAL RESOURCES

Maryland State Bar Association - The office gives the public access to a lawyer directory, lawyer referral service, free or low-cost legal services, and information to determine if a lawyer is in good standing, verify their malpractice insurance, or file a complaint.
Maryland Judicial Branch - The website gives the public access to court information, documents, rules, legal opinions, court cases, self-help services, lawyer referral services, and more.

GOVERNMENT AGENCIES & RESOURCES

U.S. Department of Housing and Urban Development - (HUD) - The agency is responsible for enforcing the federal Fair Housing Act (FHA), which, as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, because of race, color, religion, sex, familial status, national origin, and disability.
Recommended Reading:

United States Department of Justice Civil Rights Division - The agency enforces civil rights laws, including the Americans with Disabilities Act (ADA). The ADA prohibits discrimination against disabled persons in employment, transportation, public accommodations, communications, and access to government programs and services.
- Frequently Asked Questions about Service Animals and the ADA - A guide on the ADA's service animal provisions.
- ADA Revised Requirements: Service Animals - This publication clarifies and refines issues and contains new, and updated, requirements, including the 2010 Standards for Accessible Design (2010 Standards).
Consumer Financial Protection Bureau (CFPB) – This is the primary federal agency responsible for enforcing the Federal Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices when attempting to collect a debt and The Servicemembers Civil Relief Act (SCRA).
Maryland Commission of Civil Rights - The agency provides civil rights services, information, and training support to agencies and individuals in Maryland.
Maryland Collection Agency Licensing Board - The agency oversees the licensing of collection agencies in Maryland, addresses complaints, and issues orders requiring licensees to correct violations.
General Assembly of Maryland - Search your state representative and the legislation (or "statutory law") database.
Maryland Attorney General - The attorney general’s office plays a vital role in protecting the state's citizens.
Key Publications Related to HOAs and Condominiums:
- Right Of Residential Unit Owners To Terminate Contracts Entered Into By Developer On Behalf Of Condominium
- Understanding Condominium Living (June 2019)
- Code Home Rule Counties – Power To Regulate The Formation Of Homeowners Associations To Ensure Their Ability To Maintain Infrastructure And Common Areas
- New Laws Affecting Home Builders Effective July 1, 2021
Maryland Department of Housing and Community Development - The Department offers information about housing programs and financing solutions to help families, businesses, and communities in Maryland.
Maryland Real Estate Commission - The Commission regulates active licensees in Maryland and offers the public the ability to search for active licensees practicing in the State of Maryland.
County of Prince George, Common Ownership Communities Program - The office addresses common ownership issues by developing partnerships with association members, boards of directors, management companies, and the county government.
Montgomery County, Office of the Common Ownership Communities - The office provides information on owners, tenants, residents, boards of directors, and management companies, assistance, and impartial dispute resolution programs. All condominiums, cooperatives, or homeowner’s associations must register annually with the Commission on Common Ownership Communities.
- Office of Legislative Oversight Report (June 2019) - Common Ownership Communities.
- Common Ownership Community Manual And Resource Guide (2019).

HOA CONTACT INFORMATION AND DOCUMENTS

HOA Directory - Homeowners can enter the name of the community or subdivision to find the association’s contact information, list of board members, and corporation documents, such as the association’s articles of incorporation.

HOA Documents - The association’s Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Amendments to CC&Rs, Bylaws, Lien Notices, HOA Notices, Plats, Maps, and other community documents can be found by visiting the county recorder’s office website in which the association is located. The association’s CC&Rs must be recorded with the county land records to be enforceable.

DISCOVER MORE

Educational HOA articles. Giving you facts, not opinions.

Homeowners' Association As Vacation Destination: Short-Term Rental Restrictions in HOAs

Even if a community has a valid reason to restrict short-term rentals, it still needs legal and/or contractual authority to support the restriction. Typically, the authority comes from an HOA's declaration, from state law, or a combination of the two. A declaration is a contract among property owners in a community. The owners jointly agree to accept certain obligations and restrictions on how properties in the community can be used. If everyone complies, the community as a whole will benefit—or at least that is the idea.

Enforcing Conformity: Home Improvement Projects And Architectural Review Boards In HOAs

The U.S. legal system generally views any land-use restrictions with suspicion. However, the law also recognizes that reasonable restrictions are sometimes justified if they benefit the community as a whole. With that in mind, courts throughout the country have consistently upheld the right of HOAs to impose architectural restrictions as long as the restriction serves a legitimate purpose, is within the association's power under state law and/or the community's declaration, and does not violate any other law or public policy.

Step-By-Step Guide To The HOA Assessment Collections Process

When you purchase a property in a community with a homeowners’ association, you’re also acquiring the obligation to pay regular assessments. Unfortunately, though, homeowners are sometimes financially unable to pay assessments. Homeowners faced with potential collections action must understand how the HOA collections process works and the legal rights and redress available for both homeowners and the association. This guide will help all community members, including the board, resolve conflict, and avoid escalation.

Preventing the Spread of COVID-19 Within HOA Communities

On March 11, 2020, the World Health Organization declared the outbreak of COVID-19 (the medical condition caused by the novel coronavirus SARS-CoV-2), a global pandemic. HOAs and condominium associations have an essential role to play in slowing the spread of COVID-19. By applying the Center for Disease Control and Prevention (“CDC”) recommendations in the planned community setting, HOA board members, owners, residents, visitors, and employees can help prevent illness in their communities and keep their loved ones, friends, and neighbors healthy and safe.

HOA Powers and Obligations In Emergency Situations

The fundamental purpose of a homeowners’ association is to benefit the community and its members. Usually, that means preserving the aesthetic beauty of the neighborhood by maintaining common areas and ensuring homeowners keep up their properties. Or, it might mean using pooled resources to make life easier for the entire community—through road and sidewalk repairs or snow removal, for instance. Most of the time, the overall goal is to increase property values and raise the living standard in the community. In an emergency, though, an HOA’s role can take on an entirely new dimension.

Weathering The Storm: Coronavirus And Its Financial Impact on Homeowners

One way or another, future historians will consider the Coronavirus Pandemic among the most noteworthy events of the early 21st Century. The full economic impact on homeowners and their families cannot yet be precisely predicted, but it is likely to be immense. Taking the necessary precautions to avoid exposure to the virus and preparing for the financial ramifications will require prudence, careful planning, and maybe even a little creative thinking. Homeowners can't completely avoid the fallout from Coronavirus, but there are a few measures that could hopefully soften the blow.

Maryland HOA Laws and Resources