Maryland Statewide Rule
Maryland Limits on HOA Power: Solar, Flag, Signs, Clotheslines
Key Facts
- Solar
- Real Prop. § 2-119 (no unreasonable limits)
- U.S. flag
- Real Prop. § 14-128 (one portable flag protected)
- Political signs
- Real Prop. § 11B-111.2 (candidate/proposition)
- Clotheslines
- Real Prop. § 14-130 (single-family property)
- Solar threshold
- Unreasonable = +5% cost or -10% output
Summary
Maryland overrides HOA covenants on several fronts: Real Prop. § 2-119 bars unreasonable limits on solar collectors, § 14-128 protects the U.S. flag, § 11B-111.2 protects candidate/proposition signs, and § 14-130 protects clotheslines on single-family lots. Covenants conflicting with these are unenforceable.
(a) The provisions of all laws, ordinances, and regulations concerning building codes or zoning shall have full force and effect to the extent that they apply to a development and shall be construed and applied with reference to the overall nature and use of the property without regard to whether the property is part of a development. (b) A local government may not enact any law, ordinance, or regulation which would: (1) Impose a burden or restriction on property which is part of a development because it is part of a development;
Full Breakdown
Real Prop. § 2-119 provides a land-use restriction "may not impose... unreasonable limitations on the installation of a solar collector system": unreasonable meaning a 5%+ cost increase or 10%+ output reduction (historic properties exempt). Real Prop. § 14-128 bars any covenant or rule from prohibiting display of "one portable, removable flag of the United States in a respectful manner." Real Prop. § 11B-111.2 bars covenants from restricting candidate or proposition signs, though the HOA may set reasonable time/place rules (e.g., 30 days before to 7 days after an election). Real Prop. § 14-130 says a "homeowner or tenant may not be prohibited from installing or using clotheslines on single-family property," subject only to reasonable dimension, placement, and safety limits.
Violations & Penalties
Covenants that flatly ban solar collectors, the U.S. flag, candidate/proposition signs, or clotheslines on single-family lots are void to that extent. Reasonable, narrowly tailored time/place/manner restrictions remain valid.
Frequently Asked Questions
Can a Maryland HOA stop me from installing solar panels?
Can my HOA ban the American flag or political signs?
Can a Maryland HOA prohibit clotheslines?
Sources
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