Legal Question in Real Estate Law in Maryland

Hoa

We were served with papers from an HOA attorney stating we need to tear down our sheds, because they weren't approved when in fact everyone in the development have the same shed and we had a larger on but another guy in the old section has one even larger than that. The board is made up of members from the old section who weren't happy with the new section being built. The Bylaws are from 1991 and our sheds have been up over a year and now we are being told to tear them down or else - do we have any chance of winning an appeal if we take this further?


Asked on 3/11/07, 1:37 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Hoa

You need to carefully consult your bylaws to see if the board followed the proper procedures in issuing its order to tear down the shed. If there is an internal appeal process, you should follow it and try and convince them that they are treating you differently from other shed-owners, and therefore unfairly. It's difficult to take HOA's to court over these kinds of issues, as long as they are abiding by proper procedures. Courts give a lot of deference to HOA's in their acts of self-governance.

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Answered on 3/12/07, 11:25 am


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