Legal Question in Real Estate Law in Maryland

Re: homeowner association

Color of a home is something that MAY be within the authority of a HOA. There are many matters that affect the outcome of this matter. Typically there is a Declaration which establishes the HOA, by-laws of administration, covenants and conditions, and architectural recquirements and administration. Some HOA's have other promulgations such as budgetary, either or both of capital and fiscal, auditing requirements, retrictions and permissive use of common areas, and others. There is not a pat answer as to the type of documents that they may have. Moreover, the effect of any documents varies based on legality, form, recordation, and other matters.

Foreclosure is an extreme measure. If you are being threatened with this then you should acquire the services of an attorney. There are a number of doctrines as well as case law and statute that applies to this situation.

As your attorney, a first action that I would take is to clarify the HOA's authority and, where appropriate, to tender a letter of notice. It has been my experience that a low level of response such as this may acheive the desired objective without filing a legal case. I am available should you desire to take this or any other action.

G. Joseph Holthaus III

(410) 799-9002

Re: homeowner association

Maryland HOA law gives associations wide discretion in enacting and enforcing regulations of the association. Many have architectural review committees which must approve construction and renovation projects, to the nth degree. Paint color is typically an element which must be approved by the association. Thus the association must have a means of enforcing such a regulation if a member chooses to disregard the regulations. Foreclosure would seem to be a drastic remedy, but if there's no other way to get compliance by the homeowner/member, this would probably be within the HOA's authority if such a provision was properly enacted by the association. However, if a regulation was deemed to be "unreasonable" by a court, it would not be enforceable.