Charles County, MD HOA Rules: CC&R Enforcement (2026)
Key Facts
- Enforcing body
- HOA's own governing body, not county code enforcement
- Review forum
- Homeowners' Association Dispute Review Board (7 members)
- Excluded from review
- Validly levied assessments and discretionary board decisions
- Filing prerequisite
- Exhaust HOA's internal remedies first, or wait 60 days
- Order violation penalty
- Civil infraction, fine up to $500
- Legal basis
- Md. Real Property Article § 11B-104(c)
Summary
Charles County does not enforce homeowners' association covenants and restrictions directly; a governing body's own authority to require action, alter common areas, or otherwise apply its association documents is governed by state real property law, and disagreements over that authority go to the County's Homeowners' Association Dispute Review Board rather than county code enforcement, under Charles County Code Chapter 247.
DISPUTE A. Any disagreement between two or more parties that involves: (1) The authority of a governing body, under any law or association document, to: (a) Require any person to take any action, or not to take any action, involving a unit or property; ... or (c) Alter or add to a common area or element. ... B. "Dispute" does not include any disagreement that only involves: ... (4) The collection of an assessment validly levied against a party; or (5) The judgment or discretion of a governing body in taking or deciding not to take any legally authorized action;
Full Breakdown
Charles County's zoning and property-maintenance inspectors do not enforce a subdivision's recorded covenants and restrictions; that authority belongs to the homeowners' association's own governing body under its association documents and Maryland's Real Property Article. Charles County Code § 247-2 defines a 'DISPUTE' that the county's Homeowners' Association Dispute Review Board may hear as any disagreement over the authority of a governing body, under any law or association document, to require any person to take or not take action involving a unit or property, or to alter or add to a common area or element.
In other words, the Board reviews whether an association had the power to enforce a covenant in the first place, not whether the covenant was factually violated. The statute narrows that jurisdiction: under § 247-2(B), a dispute does not include the collection of an assessment validly levied against a party, or the judgment or discretion of a governing body in taking or deciding not to take any legally authorized action. That means the Board will not second-guess a validly authorized decision or a routine, properly levied charge; it steps in only when the governing body's underlying authority to act is genuinely contested.
Before filing, a homeowner must first exhaust the association's own internal grievance process under § 247-4(B), unless 60 days pass without resolution. The Department of Planning and Growth Management staffs the Board, created under Ord. No. 04-05 (Aug. 24, 2004) pursuant to Real Property Article § 11B-104(c) of the Maryland Code.
Violations & Fines
The Board itself imposes no fine for a covenant violation; enforcement stays with the association under its own documents. Only a party's failure to obey a Board order after a hearing becomes a county matter: under § 247-7(H), disregarding a lawful Board order is a civil infraction carrying a fine of up to $500, enforceable by the County Attorney or through equitable relief in the District Court for Charles County.
Frequently Asked Questions
Does Charles County enforce my HOA's covenants and restrictions?
Can the county Board review my HOA's decision not to enforce a rule?
What happens if my HOA ignores a Dispute Review Board order?
Sources & Official References
Other rules in Charles County
Compare Charles County to another location·View the Maryland hoa rules overview
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