Monday, July 8, 2013

Maryland Home Proprietors Association Laws and regulations

Maryland's Homeowner's Association Act provides for the governance and reporting requirements of HOAs.


Maryland's Homeowner's Association Act (MHAA) provides extensive guidelines for the governance and requirements of homeowner's associations (HOA). HOAs implement regulations for communities that may restrict the type of house built on land in the community, the type of other structures, the color of mailboxes or doors and many other restrictions on the exterior of a home and land around it. When a buyer purchases property in a community with an HOA, the buyer agrees to comply with the HOA's governance and requirements.


Applicability


Maryland's HOA law applies to communities established after July 1, 1987. HOA law does not apply to condominium units, which have separate applicable provisions in Maryland Code. Developments that consist of 12 or more lots must give notice to homebuyers of the homeowners association.


Purpose


Maryland HOAs may restrict architectural changes to a home within the community, occupancy density, the number of vehicles, renting or leasing the property, commercial activity or other matters that relate to the use of property.


Disclosures


Homebuyers must receive disclosure of an HOA at least five days before the close of the sale for new developments and 20 days before resale of homes in an existing development. If the buyer is not given this notice, he has five days after the close of the sale (20 days for a resale) to cancel the purchase. The disclosure must include articles of incorporation, bylaws, rules, statement of fees, explanation of the use of the fees, and procedures for the HOA.


Meetings


Maryland law requires all meetings of the HOA board of directors to be open to all members of the HOA. Members must receive reasonable notice of the meeting, and may comment during the meeting. HOAs must meet at least once per year. The board of directors may meet in closed session only to meet with legal counsel, to protect the privacy of some homeowners, to negotiate contracts or some other reason in which two-thirds of the members vote to close the session.


Signs


Maryland law prohibits HOAs from banning political signs in a homeowner's yard. The sign must be for a candidate for public office. The HOA can limit the display timeframe or the sign's location, but it cannot completely prohibit the sign.


Records


HOAs must keep records of meetings and financial statements. Any homeowner in the community may view these records upon request.


Violation


Homeowners may report any violation of the requirements of Maryland's HOA laws to the Division of Consumer Protection of the Office of the Attorney General.









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