Question:
I have a question about the Maryland HOA Act – § 11B-104. Construction and application of building
codes or zoning laws.
Under (b) it says: A local government may not enact any law, ordinance, or regulation which would:
(1) Impose a burden or restriction on property
which is part of a development because it is part of a
development;
Would “local government” include the HOA? Our CC&Rs are 30 years old and state that residents cannot have chickens. Our county changed their code in 2013 to state that our zone of RC (Rural Conservation) would allow keeping of chickens. So, if I read this correctly, it says to me that the HOA cannot restrict the residents of our community regarding the chickens as long they comply with the county code.
I want to ensure our CC&Rs are in compliance with the state HOA act. Can you please let me know if we fall under the category of local government in this article?
– Sandra
Answer:
Hi Sandra,
In Maryland, an HOA is not considered a “local government” under § 11B-104 of the Maryland HOA Act. “Local government” in this context refers to municipalities, counties, or other public entities with governmental authority — not private organizations like homeowners associations.
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