Unenforceable HOA rules often create confusion for both homeowners and board members. While HOAs exist to protect property values and maintain community standards, not every rule they pass is legally binding. Some restrictions conflict with state or federal law, while others are simply unreasonable.
Understanding Unenforceable HOA Rules in Maryland
Maryland law gives homeowners associations significant authority, but that authority is not unlimited. Associations must operate within the boundaries of the Maryland Homeowners Association Act, the Maryland Condominium Act, and other related statutes.
An HOA’s rules or covenants do not override federal or state laws. In the hierarchy of governing rules, these laws always come first.
Rules have a clear purpose. Associations create them, intending to maintain harmony and preserve property values. Boards often regulate the use of common areas, changes to architectural elements, and landscaping.
Still, some rules go one step too far.
If a rule conflicts with the law, it becomes unenforceable. There have also been instances when a court struck down rules that are too vague or unreasonable. Apart from that, rules can become void if the board adopts them without proper authority or applies them inconsistently.
Can an HOA Tell You What to Do Inside Your House?
Associations can regulate exterior modifications and shared or common areas, but their authority inside a private home is limited. Unless a homeowner’s activity creates a nuisance, hazard, or clearly violates the rules, the HOA can’t tell owners what to do in their homes.
For example, an HOA can’t prohibit a resident from decorating an interior wall or choosing paint colors inside their house. The association’s reach can extend to structural integrity, external appearance, and use of shared property, but it can’t extend to personal choices behind closed doors.
What are the Unenforceable HOA Rules in Maryland?
Board members and homeowners should understand which rules are prohibited under the law. Here are the unenforceable HOA rules in Maryland.
1. Banning Solar Panels
Solar panels are a great way to promote sustainability and save on energy costs, but some associations wish to prohibit them due to appearance issues. Can an HOA ban solar panels in Maryland?
Under Section 2-119, HOAs can’t ban solar panels. They may impose reasonable restrictions for placement and aesthetics, but a rule saying “no solar panels allowed” is unenforceable. This law encourages owners to make use of renewable energy while balancing curb appeal.
2. Prohibiting Candidate or Political Signs
Associations can’t adopt blanket bans on political signs. Under Section 11B-111.2 (for HOAs) and Section 11-111.2 (for condos), residents have the right to place candidate or ballot-related signs on their property before elections.
That said, there are some restrictions an association can enforce. Boards may set reasonable rules on size, number, and timeframes, but complete bans are considered unenforceable HOA rules.
3. Prohibiting the Distribution of Materials to Lot Owners
The law protects the right of homeowners to share information about HOA operations. Section 11B-111.3 (for HOAs) and Section 11-111.3 (for condos) prevent boards from restricting homeowners from distributing flyers or written materials about association business. That said, associations can set reasonable time restrictions.
4. Banning Electric Vehicle Recharging Equipment
As EVs continue to grow in popularity, more and more states are passing laws protecting the use and charging of these vehicles. Maryland is one of them.
Maryland law protects homeowners’ right to install charging equipment. Under Section 11B-111.8 (for HOAs) and Section 11-111.4 (for condos), associations can’t ban EV charging stations. They may regulate installation methods for safety, but they can’t enforce total prohibitions.
5. Prohibiting Composting or Collecting Organic Waste Materials
The move toward environmental sustainability also includes composting protections. Section 11B-111.9 (for HOAs) and Section 11-111.5 (for condos) prevent HOAs from banning composting.
That said, boards may impose reasonable rules on containers or placement. If an HOA forbids composting altogether, that rule is considered unenforceable.
6. Restrictions Relating to Race, Religious Belief, or National Origin
Under Section 11B-113.3 and the Maryland Discrimination in Housing Law, covenants or rules that discriminate based on race, religion, national origin, sex, disability, or familial status are void. These provisions reflect both state law and federal Fair Housing Act protections.
7. Barring the Display of the U.S. Flag
Federal and state laws protect the right to display the American flag. Under Section 14-128, HOAs can’t prohibit owners from respectfully flying the U.S. flag. If an association attempts to ban flag displays, it may face potential liability and penalties.
8. Disallowing the Installation or Use of Clotheslines
Energy-saving measures receive protection under Maryland law as well. In particular, homeowners who wish to dry their clothes on a clothesline won’t have to struggle with blanket restrictions.
Section 14-130 prohibits HOAs from banning clotheslines. That said, associations can still regulate the placement of these clotheslines for aesthetic reasons.
Other Unenforceable HOA Rules
Beyond specific statutory protections, some HOA rules are unenforceable due to the association’s methods of creation or application. These situations often arise when boards overstep their authority.
1. Rules Passed Without Proper Authority
Associations receive their powers from state laws and the governing documents. If these documents don’t authorize a restriction, the board can’t enforce it or invent one.
For example, a board can’t suddenly ban rentals if the governing documents don’t give them that power. Any such rules would be void. Simply passing a resolution that prohibits rentals won’t cut it.
2. Selectively Enforced Rules
Even valid rules can become unenforceable if the board applies them inconsistently. An example of selective enforcement is when the board fines a homeowner for a violation while ignoring another for the same violation.
When this happens, a court may deem the rule unenforceable. Even the appearance of unfair or arbitrary enforcement can call the board’s credibility and the rule’s validity into question.
3. Overly Vague or Unreasonable Rules
Courts may strike down rules that are too vague or subjective. For example, a rule that requires homes to “always look nice” can be deemed unenforceable because it’s too unclear. Associations must consistently enact specific and clear rules so that homeowners know what to expect.
Additionally, courts may also strike down rules that are too unreasonable or burdensome. For example, a rule that bans indoor activities that have no impact on the community may be void.
Getting Legal Help
It is not always easy to navigate unenforceable HOA rules, especially for inexperienced boards. Hiring an HOA management company can prove beneficial in this case.
Majerle Management, Inc. provides enforcement assistance to HOAs and condo associations in Maryland. Call us today at (301) 220-1850 or contact us online to get started!
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