Understanding Your Rights as an HOA in Annapolis
Homeowners associations (HOAs) play a vital role in maintaining the value, safety, and aesthetics of a community. However, running an HOA comes with legal responsibilities, governance challenges, and the need to protect the association’s rights while complying with Maryland law.
At Oliveri & Larsen, we help Annapolis HOAs navigate complex legal issues and ensure that boards and members understand their rights and obligations. Knowing your legal rights as an HOA is essential to enforce rules fairly, collect assessments, and protect the community from liability.
The Legal Framework for HOAs in Annapolis
HOAs in Annapolis operate under Maryland state law and the association’s governing documents, including:
- Declarations or Covenants: Outline the rights and obligations of homeowners and the HOA.
- Bylaws: Establish the rules for governance, board responsibilities, and meetings.
- Rules and Regulations: Provide guidance on property use, architectural guidelines, and community standards.
Understanding these documents is the first step in ensuring that the HOA acts within its legal authority. Board members who enforce rules without following proper procedures can face legal challenges from residents.
Rights of an HOA
An HOA in Annapolis has several key rights to protect the community and the association itself:
- Enforcing Rules and Restrictions: HOAs have the right to enforce covenants, conditions, and restrictions (CC&Rs) fairly and consistently. This includes addressing issues such as unapproved property modifications, parking violations, and nuisance complaints.
- Collecting Assessments and Fees: Assessments fund the maintenance and operations of the community. HOAs have the right to collect dues, late fees, and special assessments in accordance with governing documents and Maryland law.
- Accessing Properties for Maintenance: In certain situations, HOAs can enter properties to perform necessary maintenance or repairs, particularly when common areas or shared infrastructure are affected. Proper notice and documentation are critical to avoid disputes.
- Protecting the Community from Liability: HOAs have the right to implement policies that safeguard the association from potential lawsuits, such as enforcing insurance requirements for homeowners, maintaining common areas, and adhering to safety standards.
- Taking Legal Action When Necessary: If residents fail to comply with rules or refuse to pay assessments, HOAs can take legal action, including filing liens, pursuing mediation, or seeking court orders.
What Are the Best Practices to Protect HOA Rights?
While HOAs have legal authority, exercising that power responsibly is essential:
- Document Everything: Keep thorough records of notices, communications, and enforcement actions.
- Follow Governing Documents: Ensure all actions comply with covenants, bylaws, and state law.
- Communicate Clearly With Residents: Transparency can prevent misunderstandings and disputes.
- Consult Legal Counsel: An experienced Annapolis HOA attorney can provide guidance on enforcement, litigation, and risk management.
How Can an Annapolis Divorce Lawyer at Oliveri & Larsen Help?
The attorneys at Oliveri & Larsen provide comprehensive legal support to HOAs in Annapolis and the surrounding areas. We advise boards on governance, enforcement, dispute resolution, and risk management. Our goal is to help HOAs protect their rights while maintaining a fair and harmonious community.
Contact Our Experienced Annapolis HOA Lawyers at Oliveri & Larsen
If your HOA needs legal guidance, contact our Annapolis HOA lawyers at Oliveri & Larsen today for a consultation. Call us at 410-295-3000 or complete our online form. Located in Annapolis, Maryland, we serve clients in Ocean City, Anne Arundel County, Baltimore County, Baltimore City, Calvert County, Harford County, Howard County, Queen Anne’s County, St. Mary’s County, Worcester County, Kent County, and the upper and lower Eastern Shores of Maryland.