5 rules for unincorporated Montgomery County, Maryland.
Verified from official government sources
HOAs in Montgomery County are governed by the Maryland Homeowners Association Act (Real Property Article 11B) which requires open board meetings, annual meetings with quorum, advance notice of meetings, and financial transparency. Board elections must follow the procedures in the governing documents and Maryland law.
Maryland Real Property Article Section 11B-101 (Maryland Homeowners Association Act - Governing Body)
Section 11B-101. (h) "Governing body" means the homeowners association, board of directors, or other entity established to govern the development. (i) (1) "Homeowners association" means a person having the authority to enforce the provisions of a declaration. (2) "Homeowners association" includes an incorporated or unincorporated association. (g) "Electronic transmission" means any form of comm...
Most Montgomery County HOAs require homeowners to submit exterior modification requests to an architectural review committee (ARC) before making changes. This applies to paint colors, additions, fencing, landscaping, solar panels, and other visible modifications. Maryland law limits HOA authority over solar and EV charging installations.
Maryland Real Property Article Section 11B-101 (Maryland Homeowners Association Act - Definitions)
Section 11B-101. (a) In this title the following words have the meanings indicated, unless the context requires otherwise. (a-1) "Accessory dwelling unit" has the meaning stated in Section 4-501 of the Land Use Article. (b) "Common areas" means property which is owned or leased by a homeowners association. (c) "Declarant" means any person who subjects property to a declaration. (d) (1) "Declara...
Maryland HOA Act (Real Property 11B) governs assessment collection in Montgomery County HOAs. Regular assessments must be established by the budget adopted by the board. Special assessments may require membership approval depending on the governing documents. HOAs can lien and foreclose for unpaid assessments.
Maryland Real Property Article Section 11B-101 (Maryland Homeowners Association Act - Definitions; Mandatory Fees)
Section 11B-101. (d) (1) "Declaration" means an instrument, however denominated, recorded among the land records of the county in which the property of the declarant is located, that creates the authority for a homeowners association to impose on lots, or on the owners or occupants of lots, or on another homeowners association, condominium, or cooperative housing corporation any mandatory fee i...
Maryland law provides multiple paths for resolving HOA disputes, including internal hearings, the Montgomery County Office of Consumer Protection, MHIC mediation, and court action. The Maryland HOA Act requires fair hearing procedures before fines can be imposed on homeowners.
Maryland Real Property Article Section 11B-101 (Maryland Homeowners Association Act - Definitions)
Section 11B-101. (a) In this title the following words have the meanings indicated, unless the context requires otherwise. (e) "Depository" or "homeowners association depository" means the document file created by the clerk of the court of each county and the City of Baltimore where a homeowners association may periodically deposit information as required by this title. (h) "Governing body" mea...
Montgomery County HOAs enforce covenants, conditions, and restrictions (CC&Rs) through violation notices, fines, and lien authority under the Maryland HOA Act. The enforcement process must follow fair hearing procedures. Maryland law limits HOA authority in certain areas including solar installations and display of flags.
Maryland Real Property Article Section 11B-101 (Maryland Homeowners Association Act - Enforcement Authority)
Section 11B-101. (i) (1) "Homeowners association" means a person having the authority to enforce the provisions of a declaration. (2) "Homeowners association" includes an incorporated or unincorporated association. (l) "Recorded covenants and restrictions" means any instrument of writing which is recorded in the land records of the jurisdiction within which a lot is located, and which instrumen...
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