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Legal Considerations for Amending HOA Bylaws and CC&Rs
Homeowners associations (HOAs) are subject to various legal requirements and regulations, which often require amendments to the HOA bylaws and covenants, conditions, and restrictions (CC&Rs). Making an amendment is a long process that requires due diligence, transparency, and approval from the appropriate parties. HOA bylaws are the governing rules for the HOA. These bylaws outline…
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What Are the Benefits of Setting Up an HOA?
A homeowners’ association (HOA) is a non-profit organization that maintains and enhances the quality of life in the development while protecting property values. An HOA can be beneficial for both homeowners and developers alike, but it is important to understand what setting up an HOA entails before starting one. The main benefit of an HOA…
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Can an HOA Foreclose on a Property?
A lien is a claim or legal right that an entity has against someone else’s property or assets. A lien is used as security for payment of a debt or obligation. When an HOA puts a lien on a property, they are essentially saying that the owner owes them money, and if they do not…
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Should an HOA Have an Anti-Harassment Policy?
Homeowner associations (HOAs) are responsible for maintaining a safe and comfortable living environment for their members. Unfortunately, disputes between homeowners can arise, including cases of discrimination based on a protected class status. Protected classes include race, color, religion, sex, disability, familial status, national origin, age, marital status, sexual orientation, and gender identity. You must be…
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What Should I Know Before Buying a Condominium?
Buying a condominium is different than buying a house. If you are purchasing a condominium unit in Maryland, you should know about the legal requirements involved in this kind of real estate transaction. The seller is required to provide you the “Resale Package.” The Resale Package includes the following: The seller is also required to…
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Can an HOA Enforce Payment Fees in Maryland?
Residents and homeowners associations (HOAs) have specific rights and responsibilities. Residents are liable for fees and charges that arise while they own their property. HOA fees have an important purpose. They cover a range of services that make the community safe and clean and can include everything from waste and snow removal to maintenance for…