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?
1 Answer from Attorneys
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.