Legal Question in Real Estate Law in Maryland
Reasonableness Test
In 2001, I build a shed in my townhome's backyard, following a lengthy exchange of requests, denials, and appeals with my HOA. In 2008, I have received notice that my shed does not conform to the design stipulated in my HOA's 2000 approval letter. Aside from the difference in interpretation of the approval letter, I wonder if Maryland HOA Law furnishes a Reasonableness Test. The HOA is now demanding removal of the shed, even though two other homes in my community have the same shed design. Our shed design passed compliance inspections for seven years! Notwithstanding the inconsistency of its current ruling, the demand to remove the shed now seem completely unreasonable to me. What are my legal options for fighting this?
1 Answer from Attorneys
Re: Reasonableness Test
Did the "lengthy exchange of requests, denials, and appeals" result in approval by the HOA before you built it? If your HOA has the authority to approve such structures and did approve it, it cannot now change its mind. If you built the shed without required HOA approval, however, the HOA has a far better chance of prevailing in a suit to force you to remove the shed, and may also be able to recover its expenses for taking action against you as well. The cheapest option in such matters is to attempt to negotiate a deal with the HOA. The 2nd cheapest option is to remove the shed. You'd likely face an expensive battle if you chose to litigate, the chances of success would be low, and, depending upon the HOA rules, statutes and circumstances, you could end up paying the litigation expenses of the HOA.
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