Legal Question in Real Estate Law in Maryland

Unable to build 2nd level deck and not told

We bought a new townhome, exactly 1 year ago with the intention of eventually building a deck. With the salesperson we were able to see the HOA book for building restrictions, and found that Decks are allowed as long as HOA guidlines are followed.

We submitt an application to our HOA, and receive a disapproved response. The respnse being " our section of the community is not allowed to have 2nd level decks. Note: Our community has 5 different builders. Ours seems to be the only one disallowed to have decks. I appealed the decision, and again I was disapproved. I feel I have been mislead or not fairly treated. note2: My neighbors also were disapproved from having a deck. More to tell!


Asked on 7/08/99, 10:13 pm

1 Answer from Attorneys
Susan Zuhowski The Law Offices of Susan Zuhowski, P.A.

Re: Unable to build 2nd level deck and not told

You really don't ask a question here, only complain about the treatment you have received. In general, you are on record notice of the architectural guidelines for a development such as this, because those documents are a matter of public record, being located in the Land Records of the County and/or the County's Homeowners Association Depository. It is conceivable that your section has a prohibition not contained in the governing documents of other sections. The Board of Directors has no authority to approve a structure specifically prohibited by the governing documents and has a large amount of discretion in making its decision for those structures that are not explicitly prohibited. If there are other two story decks in your section that may raise an issue of selective enforcement. A thorough review of the documents by an attorney with community association experience is probably in order.

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Answered on 7/12/99, 5:51 pm


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