Legal Question in Civil Litigation in Maryland
Small claims suit vs. homeowners association
A homeowners association agreed to include maintenance of an easement in its overall road maintenance program for which it collects fees from all owners. It variously does not maintain or it or denies responsibility. Can owners provide repairs on their own and have the basis for a small claims action based on breach of contract?
1 Answer from Attorneys
Re: Small claims suit vs. homeowners association
You and all owners are members of the association, and your bylaws should give you the power to set policy, and to select the management company which is responsible for taking care of common areas such as this easement. What you should do is organize the owners who are sympathetic to your position and either write a letter to the management company and the board of directors. If you still don't get any satisfaction, you should request a special meeting to discuss this issue. If you have enough votes, you could replace the management company with a new one if you feel they aren't properly running the HOA.
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