Montgomery County, MD HOA Rules: Assessment & Dues (2026)
Key Facts
- State Law
- MD Real Property 11B
- Budget
- Annual distribution required
- Lien Authority
- For unpaid assessments
- Foreclosure
- Court action permitted
Summary
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.
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 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. (3) "Declaration" does not include a private right-of-way or similar agreement unless it requires a mandatory fee payable annually or at more frequent intervals. (k) "Primary development" means a development such that the purchaser of a lot will pay fees directly to its homeowners association. (m) "Related development" means a development such that the purchaser of a lot will pay fees to the homeowners association of such development through the homeowners association of a primary development or another development.
Full Breakdown
Under the Maryland HOA Act (Real Property Article 11B), HOA boards set annual assessment amounts based on the adopted operating budget. The board must distribute the budget and assessment schedule to homeowners annually. Special assessments for major repairs, improvements, or unexpected expenses may require a membership vote depending on the communitys declaration and bylaws, though some governing documents grant the board authority to levy special assessments up to a specified amount without a vote. When a homeowner fails to pay assessments, the HOA may charge late fees and interest as specified in the governing documents.
Maryland law gives HOAs the authority to file a lien against the property for unpaid assessments, including late fees, interest, and collection costs. If the delinquency continues, the HOA can foreclose on the lien through the courts. Maryland requires HOAs to provide a written statement of account to a homeowner or prospective buyer upon request, showing all outstanding balances. In Montgomery County, many large communities have assessments ranging from $50 to $300 per month, with higher fees in communities offering amenities like pools, fitness centers, and community centers common in Clarksburg, Kentlands, and King Farm.
Violations & Fines
Late payments incur fees and interest per the governing documents. After a specified delinquency period, the HOA may file a lien against the property. Continued nonpayment can lead to foreclosure proceedings in Maryland circuit court.
Frequently Asked Questions
Can an HOA foreclose on my home for unpaid dues in Maryland?
Can the HOA raise my dues without a vote?
Sources & Official References
Other rules in Montgomery County
Compare Montgomery County to another location·View the Maryland hoa rules overview
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