Montgomery County, MD HOA Rules: Architectural Review (2026)

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) "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 in connection with the provision of services or otherwise for the benefit of some or all of the lots, the owners or occupants of lots, or the common areas. (2) "Declaration" includes any amendment or supplement to the instruments described in paragraph (1) of this subsection. (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. (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 instrument governs or otherwise legally restricts the use of such lot.