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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 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.

These county ordinances apply to unincorporated areas of Charles County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

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?
No. Covenant enforcement stays with your association's governing body under its own recorded documents. The county's only role is the Homeowners' Association Dispute Review Board, created under Charles County Code § 247-1, which resolves disputes over whether the association had the authority to act, not general code enforcement of the covenants themselves.
Can the county Board review my HOA's decision not to enforce a rule?
No. Section 247-2(B)(5) excludes the judgment or discretion of a governing body in taking or deciding not to take any legally authorized action from the Board's jurisdiction, so a discretionary non-enforcement decision cannot be challenged there.
What happens if my HOA ignores a Dispute Review Board order?
Under § 247-7(H), failing to comply with a lawful Board order is a civil infraction subject to a fine of up to $500, and the Board can also seek equitable relief in the District Court for Charles County to force compliance.

Sources & Official References

Other rules in Charles County

All Charles County rules

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