Legal Question in Real Estate Law in Maryland

I live in a development that has a home owners assoc. The HOA has an annual meeting once a year. At this meeting reports are given and officers are elected. At this years meeting a vote was taken that dues would go up 100%. The vote was not on the agenda, and home owners not at the meeting didn't know about it until they got a bill for dues. I was told that any increase over 15% HOA members had to be notified that this would come up at the meeting. Is this true? Does the HOA have the right to increase the dues without notifing members that such a vote was going to be taken?


Asked on 1/11/14, 4:01 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

The answer to your question lies within the bylaws of the HOA. If they prohibit +15% dues increases unless prior notice before the annual meeting is given, then any increase would be violative of those bylaws, and could potentially be court challenged. Before you go in that direction, you ought to try and organize other similarly-minded members to see if you have sufficient support. Then you might be able to convene a special meeting to challenge this assessment and avoid the expense of a court proceeding.

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Answered on 1/13/14, 6:54 am


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