Legal Question in Business Law in Maryland

Re: Homeowners Associations

Your question was quite vague and therefore difficult to answer. It's unlikely that you would be awarded money damages in this situation because it would be difficult to relate the loss of money to having your right to vote "abridged". A more likely remedy might be a court order setting aside the election if you could prove the HOA violated its bylaws in denying you a vote.

Re: Homeowners Associations

What was the vote for? Without knowing whether there is a

monetary effect of the vote, the question of monetary damages

cannot be answered. Moreover, is the substance voted upon such

that it is a matter proper for consideration of the board under

the HOA by-laws? Was the vote conducted in accordance with the by-laws?

Even if permitted as being a proper subject for vote by the board under the by laws,

a case may lie in the by-laws themselves illegally permitting such a vote. An example of

the later point would be where the board, of it's own initiative and as permitted by the

by-laws, voted to condemn satellite discs on all houses and that such should be removed as currently in place.

The FCC, as federal law on the topic, specifically pre-empts State law so, even where State law permitted such action

to be taken by the board, it would be illegal for a board to make such a vote under Federal law. In fact, it would be

illegal for the board to place the vote to a quorum of homeowners or even to adopt the unanimous vote of all of the now

present owners of all units of the community. So, without specifying the details of your question, little can be said to

address your matter.

Please feel free to contact me at (410) 799-9002. I have dealt with HOA issues in the past and am knowledgeable with this area

of law. I also charge reasonable rates to review specific issues and draft advisory letters or other legal memoranda.

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