Legal Question in Real Estate Law in Maryland

Homeowners Assoc. misappropriation of funds?

As a whole, the homeowners who are members of the homeowners association are very distressed over the funds of our assoc. We are given a yearly report of funds rcd/sent and have found that the assoc. is not putting funds towards what they are intended, and also,the remaining balance does not match what should be there. Also, our assoc. is comprimised of the builders as it is a new development. The builders are ignoring the by-laws. Do we have a leg to stand on as a whole group of homeowners/members to require our funds be used as stated and the builders are bound by by-laws also? Thanks for help.


Asked on 9/13/00, 11:25 am

1 Answer from Attorneys

Lawrence Holzman Holzman Law Firm, LLC

Re: Homeowners Assoc. misappropriation of funds?

I have a great deal of experience in addressing issues related to Homeowners Associations and other types of common ownership communities. I am particularly experienced with regard to the myriad of issues that develop during the phase of developer control, and during the phase of turn-over to homeowner control. In addition to representing homeowners and their associations, for many years I served as the general counsel and/or legislative counsel to the Maryland Homeowners Association. In that capacity I have testified before legislative committees on countless occasions on issues related to homeowners associations (from the persepective of the homeowner). I have also been recognized and quoted on HOA issues in local and national publications (Wall Street Journal, Baltimore Sun, Kiplinger's, Money Magazine, etc.).

Despite my background and experience, I am afraid that your question is simply too complicated for me to give any kind of useful answer in a bulletin board email posting. Please call me at your convenience and I will be happy to chat with you briefly to explore your facts.

Lawrence R. Holzman, Esquire

Joseph, Greenwald & Laake, P.A.

6404 Ivy Lane, Suite 400

Greenbelt, MD 20770

(301) 220-2200

fax (301) 220-1214

Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.

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Answered on 10/16/00, 10:58 am


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