Legal Question in Real Estate Law in Maryland

Condominium Fee Increases

A few years back I remember reading in the newspaper about a U.S. Supreme Court decision concerning the changing of by-laws for home owners associations. The decisions stated that in order for a home owners association to change the by-laws, 100% of all residents in that community had to vote in the affirmative for the change. I would like to know where I can find this decision and also, does this decision also cover increases in the monthly assessment that a community association charges the home owners? Can a home owners association board of directors arbitrarily increase the monthly association dues or fees?


Asked on 3/13/00, 5:31 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Condominium Fee Increases

I think you've been misinformed about this. Homeowners associations are democratic bodies like any other group, and as such are governed by rules made by the association members. Your by-laws should contain provisions setting out how the by-laws can be amended and how the dues can be changed. It's probably by a simple majority or possibly a 2/3 majority to change some elements of the by-laws. Maryland courts have always given HOAs considerable leeway to set their own rules and govern themselves.

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Answered on 3/24/00, 4:16 pm


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