HOA Board Not Enforcing the Rules in Maryland

Question:

What are the responsibilities of an HOA, except for collecting HOA fees. When we first moved in our development in 1997, the HOA was very active in monitoring homes and issuing notices for concerns such as mildew on siding, sheds built that were not in accordance with HOA approval, overgrown grass not cut. For the past few years, I have not seen any monitoring actions by the HOA for the Simmons Acres Development in Accokeek, MD. I have made complaints about overgrown grass areas at homes which have gone unanswered. These problems bring property values down and thus, the whole neighborhood begins to be run down. Is there anything that can be done to put stricter penalties for violation of these concerns? Also, what are considered common areas?

– Joan

 

Answer:

Hi Joan,

The HOA board is responsible for enforcing the rules in your community. Find out who your board is and bring up your concern about enforcement to them. If your board is not enforcing the rules, you may wish to remove the board members and replace them with people who will. Check your bylaws to see how you can remove board members.

As for enacting stricter penalties for violations, that would normally require an amendment to your governing documents. Amendments typically need a vote of approval from the membership.

Lastly, communities may have differing definitions of common areas. Check your community map or plat to identify which parts of your neighborhood are considered common areas.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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