Legal Question in Real Estate Law in Maryland

Re: Home Owners Association

I've never heard of a homeowner's association that gives owners of property within the development the option of joining or not. In other words, you automatically become a member of the association upon becoming the owner of property within the development, thereby subject to the HOA by-laws and yes, the association dues.

When you went to settlement on the purchase of the property, you should have signed a rider to the deed of trust (mortgage) which obligated you to abide by all HOA rules. Your settlement attorney should have provided the HOA managers with your information and possibly also collected any dues that were outstanding at that time.

As far as the lien is concerned, the bylaws probably provide that the HOA has a right to place a lien in the land records against your property if you are delinquent for a sufficient period of time. This is the typical way these dues obligations are enforced, rather than through court action, because of the amounts involved.

Of course, if yours is that unique situation where membership in the association is truly voluntary, you should write the HOA attorney, telling hin/her that, and ask them to document your agreement to join the association.

Re: Home Owners Association

Depending on the county that you live in Maryland it may have been a requirement that you receive the HOA declarations upon settlement. This may change the outcome to your matter. Law Offices of Joe Holthaus.