Legal Question in Real Estate Law in Maryland

HOA's

Our HOA needs help!!!! We moved into a pre-existing development but are a new section so we are governed by their Bylaws. The Bylaws have not been updated since 1991 and everything it says you can't have exists - like sheds, playgrounds, privacy fences, I could go on; however, they still want everyone to submit requests for things that they have already allowed and grandfathered in and even have the nerve to deny people in the new section things that already exist in the old. Can they continue to get away with that because the Bylaws are in breach of themselves. Even the declaration they did in 1991 states No sheds allowed; however, every hous in the development has a shed. What rights do we as paying members have? Please help!


Asked on 4/17/07, 7:46 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: HOA's

The members of the HOA can try to change the bylaws if they have the votes to do it. Often, in new developments, the developer retains control of the HOA until a certain percentage of units has been sold. If you're in that situation, you may not be able to do anything for a while. It may be that if your section is new and still has a number of unsold lots, the developer doesn't want sheds, etc., up yet because they feel it impedes sales. Have you tried to sit down with their reps and find out the reason for their policies? As a legal matter, it's difficult to get a court to intervene in these situations.

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Answered on 4/18/07, 12:15 pm


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