Legal Question in Real Estate Law in Maryland
I live in a condo located in MD. It has 12 units per bldg. The past few years our management co. makes condo owners responsible for maintainenace of the exterior of the bldg. such as painting, replacing bird traps on dryer vents. Our By-Laws state the Association is responsible for maintaining the exterior. Our monthly fees are the highest in all of Harford Co. MD at $263.00 a month and we also pay $60.00 a quarter to an HOA. At the last meeting the Property Manager proposed that owners be held responsible for painting of trim around windows or to install composite in lieu of paint and holding owners responsible. A few years ago I had replacement windows installed and they are capped in vinyl. I know darn if what is proposed is approved, I will have to pay for work that I already had done. Am I responsible to pay for this? Also, we are $194,000 in arrears due to people not paying their fees and the rest have to pic up the slack. What can we do?
2 Answers from Attorneys
As an association you are a self-governing entity. This means you can elect officers and board members who will do a better job of looking out for the interests of the members, and you can hire new management if you don't think the current ones are doing the job. For example, a more concerted effort should be made to collect the outstanding fees. You can propose new bylaws that better serve the members. If you can band together with similarly disgruntled members, you could seek the assistance of an attorney who is experienced in this field.
I have been representing homeowners in common ownership communities for more than 20 years, including many years as the general counsel for the Maryland Homeowner's Association, which is a group dedicated to advocacy on behalf of units owners in common ownership communities.
In your case EVERYTHING is dependent on your governing documents. If those documents state that certain areas are condo responsibility for maintenance and repair, then that cannot be changed except by amendment of the governing documents. That is unlikely.
But, the real problem is how you deal with a community that is failing due to lack of solvent owners to pay monthly fees. Unfortunately, this is not easy to diagnose or repair.
With regard to your specific circumstances, you may want to consult an attorney to chart a course. Condo law can be arcane and difficult to understand.
Larry Holzman
The Holzman Law Firm, LLC
(301) 876-4393
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