Legal Question in Real Estate Law in Maryland

HOA Bylaws are being broken. What recourse do I have?

We are in a small condo assoc. (9 detached units). Our Bylaws read that unit owners may not store personal property on common ground. The last 3 years, 2 of the 9 unit owners are storing their giant pontoon boats on the common ground during winter. (One is the assoc. President!) I've brought the issue up through emails and at the meetings all 3 years. It doesnt seem to bother other unit owners (but then again the boats arent directly out there front & back windows like it is ours). At the last meeting (yesterday) they said if I don't like it they'll just change the bylaws to include boat storage. What legal action can I take to see that the bylaws are enforced (at least until such time that the bylaws are changed).


Asked on 10/09/06, 10:53 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: HOA Bylaws are being broken. What recourse do I have?

About the only thing you can do is file a suit to enforce the bylaws. But if the majority of the association members would vote to approve a change in the bylaws, you'd be wasting your time and money, because as soon as the bylaws are changed, which would probably be before your case got to court, there would be nothing to litigate. Perhaps you should explore some compromise with the boat owners so that their "storage" place isn't as obtrusive to your property.

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Answered on 10/09/06, 11:49 am


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