Gaithersburg, MD HOA Rules: CC&R Enforcement (2026)

CC&Rs are the governing documents that establish the rules, restrictions, and obligations for homeowners within an HOA community. In Montgomery County, CC&R enforcement follows the procedures outlined in the Maryland HOA Act (Real Property Article 11B). When a violation is identified, the HOA must send a written notice describing the violation and informing the homeowner of their right to a hearing. After the hearing, the board may impose fines, require corrective action, or both. Typical fines range from $25 to $200 per day of continuing violation. If fines remain unpaid, the HOA can file a lien against the property under Maryland law. Common CC&R provisions enforced in Montgomery County communities include restrictions on exterior paint colors, fence styles, lawn maintenance standards, parking of commercial vehicles, basketball hoops, holiday decorations, and rental of units. Maryland law limits HOA enforcement power in several areas: HOAs cannot prohibit solar panels (Real Property 2-119.1), cannot ban the display of the American flag or service flags, and cannot prohibit political signs within a specified period before an election. Some Montgomery County HOAs, particularly in newer communities, employ community managers or compliance officers who conduct regular property inspections to identify violations proactively.