Legal Question in Real Estate Law in Maryland

My Homeowners Association refuses to enforce our Covenants. They also refuse to collect assessments from homeowners who are behind. Our HOA dues are not used for the upkeep of the neighborhood; instead go towards parties. They have even waived dues for certain homeowners even though our Covenants do not permit it. Our HOA is mandatory. When anyone questions what they do they do not respond. I have sent them State Statues about HOA's but they ignore any laws. Most of the homeowners have given up trying to persuade them to follow our Covenants and the neighborhood is going down hill. What can I do?


Asked on 4/13/12, 5:04 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Your covenants or by-laws should provide for periodic elections, so you should review those and see how soon you can put up a slate of candidates for the board who will enforce the rules. If the regularly scheduled elections are not set for a while, you should explore whether you can petition for a special election on an emergency basis. You could also file a court action seeking a court order requiring the board to enforce the bylaws and covenants, but that will be expensive and time consuming.

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Answered on 4/16/12, 8:42 am


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