One of the primary responsibilities of the HOA board is to monitor and manage HOA violations. Every community has its own set of covenants and rules. When homeowners violate these, they can face potential penalties. Still, there is a proper way to handle violations in Maryland.
What are HOA Violations?
In a homeowners association, a violation of covenants can result in a penalty, such as a monetary fine or suspension of privileges. Homeowners agree to abide by the association’s covenants and rules when they first join the community. When they break these rules, they face consequences.
Common HOA Violations
Every association has its own unique set of rules and regulations. Because of this, violations can also vary significantly from one community to another. Homeowners should check their governing documents to understand the rules specific to their association.
While a CC&R violation can take many forms, the most common ones include:
- Exterior Appearance Issues. This can consist of faded or peeling paint, unapproved exterior changes (new windows, doors, or siding), clutter in yards or porches, and leaving trash cans in visible areas too long.
- Landscaping Problems. This can include overgrown lawns, weeds, or dead plants, failure to maintain trees and shrubs, and unapproved landscaping changes.
- Parking and Vehicle Violations. Examples include parking in unauthorized areas, storing inoperable or unregistered vehicles on the property, and exceeding the allowed number of vehicles.
- Pets and Animals. This includes exceeding pet limits, failing to clean up after pets, allowing dogs to roam without leashes, and keeping restricted animals (such as chickens or livestock).
- Noise and Nuisance Complaints. Loud music or parties, persistent barking dogs, and construction or yard work outside allowed hours are common examples.
- Rental and Occupancy Issues. This can include renting out homes without HOA approval, short-term rentals in communities that prohibit them, and having too many occupants in a single house.
- Signage and Decorations. Common examples include commercial signs exceeding permitted limits, holiday decorations left up too long, and large flags or banners that violate the rules.
Who Monitors HOA Violations?
It is the HOA board’s responsibility to monitor and enforce violations within the association. Oftentimes, board members hire an HOA management company to assist with rule enforcement and violations tracking. Professional assistance helps streamline the process and ensure consistent application of rules.
That said, many communities allow residents to submit violations perpetrated by their neighbors. Reporting HOA violations usually requires proper procedures and standards. Most communities also need proof to support the complaint.
HOA Violation Laws in Maryland
Maryland law provides a clear process for handling HOA legal violations through both the Maryland Homeowners Association Act (HOA Act) and the Maryland Condominium Act (Condo Act). These statutes establish how HOAs and condominiums may enforce their covenants and rules.
Initial Notice and Opportunity to Remedy
When a homeowner breaks one of the community rules, the process usually begins with a letter or HOA citation. Other terms for this notice include notice of violation or initial demand. This notice specifies the violation, explains how the owner can fix it, and gives a deadline for compliance.
Under Maryland law, associations must give owners at least 15 days to correct a violation. This requirement is spelled out in Section 11-113 for condos and Section 11B-111.10 for HOAs.
When they receive a citation, homeowners should carefully review both the notice and their governing documents. This will allow them to confirm that the alleged violation is enforceable and within the board’s authority.
Right to a Hearing
If the owner fails to correct the violation within the specified time, the association must notify the owner of their right to request a hearing. The board must deliver this notice within 12 months of the original violation notice.
Furthermore, this notice must include:
- The nature of the violation;
- The procedure to request a hearing;
- A deadline for requesting the hearing; and,
- The potential penalty the owner faces.
If the owner requests the hearing, the board must provide written notice of the time and place. The hearing must take place no sooner than 10 days after the owner submits the request.
Hearings usually occur in executive session or a closed board meeting. The board is in attendance, with attorneys and management agents sometimes present. At this hearing, owners have a right to present evidence, call witnesses, and dispute the violation.
It is important to note that, for condominiums, owners may appeal hearings to court.
Fines and Other Penalties
What happens when homeowners break HOA rules in Maryland? If the board concludes that the owner has a violation, it may impose fines. The association’s authority to impose fines must clearly be outlined within the governing documents.
Generally, associations collect fines in the same manner as collecting dues or assessments. Unpaid fines can lead to liens according to the Maryland Contract Lien Act.
Fine amounts can vary from one association to another. Typically, associations have set fines or a schedule in the governing documents. Enforcement must follow due process.
Can an HOA Sue for Violations in Maryland?
Disputes over HOA violations may also escalate to the courts. Both the HOA Act and Condo Act allow communities to seek judicial remedies if owners refuse to comply with governing documents.
Seeking Injunctive Relief
An HOA or condo may petition the circuit court to order a homeowner to stop or correct a violation. They don’t need to finish the whole hearing process before filing a suit.
According to Section 11-113 of the Condominium Act and Section 11B-111.10 of the HOA Act, the court can issue an injunction forcing compliance. For example, the court may require the removal of an unapproved exterior structure or alteration.
It is worth noting that it is uncommon to collect monetary damages in such cases. That said, the court may order repayment if the violation resulted in immeasurable costs for the HOA.
Legal Fees
Legal disputes often involve attorneys’ fees and other costs. Under Maryland law, if a condo prevails in court, the court may order the homeowner to pay reasonable legal fees and expenses. This authority comes from Section 11-113 of the Condo Act.
On the other hand, HOAs may also recover fees under Section 11B-111.10 of the HOA Act. That said, this is only if the governing documents permit it.
The court must determine that the requested fees are reasonable. At the same time, the “prevailing party” principle under Maryland law means that, if the homeowner wins, they can request compensation for their own legal expenses.
Fighting HOA Violations: Can Homeowners do This?
Homeowners should read their governing documents and understand state laws. In doing so, they can protect their rights and ensure that the association is following due process.
If owners believe they have been treated unfairly or cited incorrectly, they should take it up with the HOA board. Attempting internal resolution methods, including a hearing, is always a good idea. If that doesn’t pan out, they can then pursue alternative dispute resolution strategies.
It is best to save legal action as a last resort. This is because lawsuits can be very costly and time-consuming.
Word of Advice
No community is entirely free of HOA violations. Homeowners will make mistakes, either out of ignorance or otherwise. It is crucial to handle these violations properly and in accordance with Maryland laws to avoid liability issues.
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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