Legal Question in Real Estate Law in Maryland

Shared driveway

We live on a shared drive with 6 other homeowners. There is a covenant, of sorts, that states that all are equally responsible for maintenance however, there is nothing that indicates a mechanism to decide on repairs. The other 6 residents are insisting on fully tearing up and redoing the roadway but we aren't in agreement for many reasons, not the least of which is the contractor they have chosen. Can they have the work done without our consent? We would like to be a part of this but they have, for all intents and purposes, not wanted us in the loop and have basically shunned our research findings. The covenant does say that no liens may be placed on the property and we did have an attorney tell us that the document was ''poorly conceived''. Please advise. Thank you.


Asked on 3/19/07, 3:27 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Shared driveway

In the absence of a definitive agreement as to how decisions affecting the common property are to be made, I think a court would allow the majority to determine the outcome. Otherwise, 1 recalcitrant owner could stymie the wishes of the others.

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Answered on 3/19/07, 4:09 pm


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