Resources & Suggestions

How to protect yourself from abuse when communicating with your association 

Resources and Suggestions for Maryland homeowners living in common communities

1)    Send an email message. You need a written record of what you asked, and how the association responded.

2)   If you do have a voice conversation, always follow that up with an email message. Write out Who, What, Where, When, and Why.  For example, “Dear Property Manager Joe Smith: Thank you for the phone conversation on April 12, 2024. We are glad that you will inspect the new gate on our fence by April 19, and we trust that you’ll remove the property violation soon after that.”

3)   Ask the association when you might expect a reply or decision. If you receive silence, or things are not clear, then repeat your question every couple of weeks. Be sure to save these email messages.

4)   Cite laws and bylaws to back up your position. Some online resources are listed below. Sources include your community’s declarations and bylaws; county laws; and/or Maryland state laws. 

5)   Fill out a complaint form with a Maryland Agency. The Consumer Protection Division (CPD) of the Office of the Attorney General (OAG), or the Office of Financial Regulation (OFR) of the Department of Labor, might provide some relief in some cases. Do not delay, as processing takes 4 months or more. (See Notes)

YOUR ASSOCIATION’S DOCUMENTS are required by law to be given to you at the time of purchase. If you don’t receive them, call your association and ask how to access them. Having these documents is your right, and it is essential that you keep them and read them. Declarations, Covenants, Bylaws, and Rules are (most often) the key “governing documents” useful to homeowners.

MARYLAND STATE LAW 

Read a highlighted Maryland law guide (abridged):  https://tinyurl.com/Index-MD-RealPrTiAbr

See the unabridged current laws as amended (HTML or PDF):  mgaleg.maryland.gov/mgawebsite/Laws/Statutes

Research court rulings as "case law":  scholar.google.com

Sign up for bill trackers:  steve@hoaunited.org

INDEPENDENT AMERICAN COMMUNITIES is a blog that reports about HOA abuse and reform nationally. Unfortunately, advertising interrupts your reading, but the advice and analysis there can be valuable. Visit: independentamericancommunities.com

NOTES AND DISCLAIMER 

The following are resources for HOA/Condo association homeowners, and the notes are the opinions of CHARM-Maryland based on the volume of complaints we have heard.

• Montgomery County’s Commission on Common Ownership (CCOC):  After spending $50 to file a complaint, homeowners may find themselves at a disadvantage because their actions can be temporarily restrained ("stayed") while the association is free to file a lawsuit against the homeowner.

• Hiring a Lawyer: Some homeowners spend tens of thousands of dollars only to find that their board members are still not compelled to obey the law, betting they can outspend you on appeal. 

• MD State Agencies: The Consumer Protection Division (CPD) of the Office of Attorney General (OAG) has explained that it “deals only with statutory matters” such as state laws, but not community bylaws. In other words, disputes regarding rules in your association governing documents “must be addressed with your governing body, or you may file a lawsuit.” However, if your association is “fining you or removing your rights without providing a dispute settlement process as required by law,” then you can file a complaint with the CPD here:  www.marylandattorneygeneral.gov/Pages/CPD/Complaint.aspx “Debts owed to a debt collection agency fall under the regulatory authority of the Office of Financial Regulation (OFR) which is part of the Department of Labor.” More information is available at:  www.labor.maryland.gov/finance/consumers/comphow.shtml 

Disclaimer: CHARM-Maryland does not engage in disputes or offer legal advice.

Read about the Mission and Vision of CHARM Maryland: www.charm-md.org Contact us: charm.md.contact@gmail.com

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