Legal Question in Real Estate Law in Maryland

Homeowners Association

I moved to a condo with the promise that my property(exterior) would be taking care of, which included grass cutting, snow removal,and the overall upkeep of the property. So far I feel that the association has not kept up there end of the bargain,I have been doing most of the work myself because of the poor performance. I have express on numerous times to the board how unhappy I am and they seen to ignore the issues. When it snows the Board President feels that the homeowners have to shovel their own driveways and the pathway that leads to our driveways,keep in mind we have homeowners who have heart conditions and yet we are paying for this service, but the bottom line is that some of the homeowners are tired of paying condo fees because we feels that we are getting riped off because of a lot of things are not being done.My question is what can the homeonwers do to either get out of this or can we sue the Association? In reading our Association handbook only a lawyer can make sense of this.what can I do in getting started because I don't know what to do-thanks


Asked on 12/08/02, 6:19 pm

2 Answers from Attorneys
Robert Sher Wagshal and Sher

Re: Homeowners Association

A homeowners' association is a political entity just like the citizenry at large, and as such it has a "government" (the board of directors) and a constitution (the by-laws). You need to familiarize yourself with those bylaws to determine what action to take. You should be able to call a meeting and if you have enough support for your position, get a resolution passed requiring the board to take action to get the exterior maintenance done. If they aren't doing the job they were selected to do, get some people on the board who will.

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Answered on 12/09/02, 11:08 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Homeowners Association

The Declaration and By-Laws of the HOA spell out the respective duties of the home owners and the association.

If you are paying for something that is not being provided, you should seek the assistance of an attorney to rectify the matter.

HOA's are legal entities that are responsible for their actions. An HOA cannot contract to provide services, accept money on behalf of its pending performance, and not perfrom.

G. Joseph Holthaus III

(410) 799-9002

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Answered on 12/09/02, 2:53 pm


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