Legal Question in Real Estate Law in Maryland

Homeowners Associations

We live in an association street in Maryland. There is a covenant that all structures be approved by the Architectural Committee. They are now trying to get involved in our landscape plans saying where they would want to see trees planted. Do they have any right to do this?


Asked on 11/06/08, 10:21 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Homeowners Associations

The courts have traditionally held that HOAs have broad discretion in administering and interpreting their bylaws. This is not unlimited authority, but generally if a rule can be justified as benefitting the entire community it will be enforceable. In your case, if the location of the trees is tied into the design and size of the structure you are presumably either building or rehabbing, or if the issue arises because you took down some vegetation in order to build, it would probably be within the HOAs authority.

Read more
Answered on 11/07/08, 9:34 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Maryland