Montgomery County, MD HOA Rules: HOA Fines & Enforcement (2026)
Key Facts
- Hearing body
- Commission on Common Ownership Communities
- Enforcement stay
- Fine enforcement paused while dispute pending
- Filing prerequisite
- Must exhaust HOA's internal appeal first
- Noncompliance penalty
- Class A civil violation, per day
Summary
Montgomery County lets HOA owners dispute a fine before the Commission on Common Ownership Communities, and once a dispute is filed the association cannot enforce that fine until the case is resolved.
Except as provided in Section 10B-9A, when a dispute is filed with the Commission, a community association must not take any action to enforce or implement the association's decision, other than filing a civil action under subsection (f), until the process under this Article is completed.
(f) Any party may file a civil action arising out of an association document or a law regulating the association's powers and procedures at any time. The court may stay all proceedings for at least 90 days after the court is notified that a dispute has been properly filed under this Article so that a hearing under Section 10B-13 may be completed. Whether or not a stay is issued, the court may hear the action de novo only if a hearing panel assigned to the dispute has not issued a decision under Section 10B-13(e). (1990 L.M.C., ch. 33, § 1; 2010_L.M.C.,_ch._10, § 1.) Editor's note—Section 10B-9 is quoted in Campbell v. Lake Hallowell Homeowners Association, 831 A.2d 465 (2003).
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-90: Montgomery County Code contains legislation effective through May 7, 2026 | Zoning Updated Effective: April 13, 2026 | COMCOR Regulations effective as of July 1, 2026).
Full Breakdown
Under County Code § 10B-9, a homeowner must first exhaust the association's internal fine appeal process, then can file a dispute with the Commission on Common Ownership Communities under Chapter 10B. Section 10B-8 defines a fine, fee, or assessment disagreement as a dispute the Commission hears. Once filed, § 10B-9(e) bars the association from enforcing or collecting the fine, apart from a civil suit, until mediation and, if needed, a hearing panel decision under § 10B-13 finishes the process.
Violations & Fines
Enforcing or collecting a disputed fine before the Commission process ends violates § 10B-9(e); ignoring a final Commission order is a class A civil violation under § 10B-13(j), with each noncompliant day a separate offense.
Frequently Asked Questions
Can my Montgomery County HOA fine me without a hearing?
What happens if I ignore the HOA's fine dispute order?
Sources & Official References
Other rules in Montgomery County
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