How do I dispute an HOA assessment or fine in Maryland?

Maryland is a leading state for consumer-friendly HOA/condo regulation, with Montgomery County having a specialized adjudicatory body for common-ownership communities.

1. Governing Statute

HOAs: Maryland Homeowners Association Act, Md. Code Real Prop. §§ 11B-101 to 11B-118.

Condominiums: Maryland Condominium Act, Md. Code Real Prop. §§ 11-101 to 11-143.

Cooperatives: Maryland Cooperative Housing Corporation Act, Md. Code Corps. & Ass'ns §§ 5-6B-01 to 5-6B-31.

Montgomery County Commission on Common Ownership Communities: Mont. Cty. Code Ch. 10B.

2. CC&Rs and Bylaws

Recorded declaration of covenants and bylaws govern. Amendments require votes specified in declaration. Restrictive covenants are strictly construed in favor of the free use of property.

3. Common Disputes

Architectural changes, fencing, exterior color, parking, pets, lease restrictions, assessment increases, fines, late fees.

4. Internal Dispute Resolution

Before imposing a fine or suspending privileges, the board must give written notice and an opportunity to be heard (§ 11B-111.6 HOAs; § 11-113 condos). The owner has the right to a hearing before the board or a committee.

5. Alternative Dispute Resolution & State/County Programs

The Maryland Attorney General's COC Program receives complaints alleging violations of the Homeowners Association Act and Condominium Act and mediates disputes. Montgomery County residents may file with the Commission on Common Ownership Communities for binding adjudication of most disputes (Mont. Cty. Code § 10B-9). Many declarations also require pre-suit mediation.

6. Lien & Foreclosure

Condo associations have a statutory lien for unpaid assessments (§ 11-110). Four months of unpaid regular assessments have priority over a first mortgage (Maryland super-lien — § 11-110(d), capped at $1,200 per the 2012 amendment). HOA liens are governed by the Maryland Contract Lien Act, Md. Code Real Prop. §§ 14-201 to 14-206. Foreclosure may be judicial or nonjudicial (under power of sale if the declaration provides).

7. Open Meeting & Record Inspection

Board meetings of HOAs and condos are open to lot owners with limited executive session (§ 11B-111 HOAs; § 11-109.1 condos). Owners may inspect financial records, minutes, contracts, and the membership list (§ 11B-112 HOAs; § 11-116 condos).

8. Statutory Caps

Solar (Md. Code Real Prop. § 2-119 — HOA may impose only reasonable restrictions on solar collectors), clotheslines (§ 2-119), flag display (federal Freedom to Display Act), satellite dishes (federal OTARD), EV charging (Md. Code Real Prop. § 11-111.4 condos; § 11B-111.7 HOAs — reasonable accommodation required), low-impact landscaping (§ 2-119).

9. Lawsuit Remedies

Declaratory judgment (Md. Code Cts. & Jud. Proc. § 3-403), injunction, breach of fiduciary duty against directors, and prevailing-party attorney's fees in covenant enforcement (§ 11-110(g) condos).

This is legal information, not legal advice.