Legal Question in Real Estate Law in Maryland

Re: Power of Homeowners Association

The answer to this question is complicated and depends upon which state law is applicable, and upon what type of rights are sought to be enforced by the Homeowners Association. In MD, a homeowners association is created by the filing of a declaration in the land records. The homeowners association itself will stay in existence as long as nothing is filed subsequently that dissolves the association (virtually impossible from a practical perspective in most cases). However, there are numerous legal doctrines that may prevent a homeowners association from exercising certain rights if they have permitted too much time to elapse -- such doctrines are extremely fact specific and are difficult to apply. I would be happy to spend a few minutes with you on the telephone free of charge if you would like to explore the specific facts of your case.

Lawrence R. Holzman, Esquire

Joseph, Greenwald & Laake, P.A.

6404 Ivy Lane, Suite 400

Greenbelt, MD 20770

(301) 220-2200

fax (301) 220-1214

Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.