Maryland HOA Laws: Statutes, Rules & Board Duties
What Maryland statutes actually require of community associations — meetings, fines, assessments and liens, records, reserves, architectural review, and the resident protections a board cannot override. Every point is cited to statute.
Governing statutes
- Maryland Homeowners Association Act (MHAA), Real Prop. § 11B-101 et seq. governs planned-community homeowners associations (lot owners subject to a declaration recorded to a development), covering disclosures, meetings, records, reserves, and enforcement.
- Maryland Condominium Act, Real Prop. § 11-101 et seq. separately governs condominiums; many MHAA concepts have close condo-act parallels (e.g., the political-sign right for condos is § 11-111.2). (verify which act applies to a given community — MHAA does not govern condos.)
- Maryland Contract Lien Act, Real Prop. §§ 14-201–14-206 supplies the mechanism for creating and foreclosing assessment liens for both HOAs and condominiums.
- Most associations are also nonprofit corporations subject to the Maryland Corporations & Associations Article on directors, elections, and quorum. (verify — the governing documents and Corp. & Assoc. Article supply default governance rules the MHAA does not.)
- The Columbia Association and Howard County "village" community associations are expressly carved out of several MHAA enforcement provisions (Real Prop. § 11B-111.10).
Meetings & notice
- Open meetings: all meetings of the association — including board/governing-body and committee meetings — must be open to all members or their agents (Real Prop. § 11B-111(1)).
- Notice: members must be given reasonable notice of all regularly scheduled open meetings (Real Prop. § 11B-111(2)); notice may be sent by electronic transmission if § 11B-113.1's conditions are met (§ 11B-111(6)).
- Member comment: the governing body must provide a designated period for lot owners to comment; at special or agenda-limited meetings comment may be confined to listed topics, and at least one meeting per year must have an agenda open to any matter relating to the association (Real Prop. § 11B-111(3)).
- Closed (executive) sessions are permitted only for enumerated purposes: personnel matters; individual privacy/reputation unrelated to association business; consultation with legal counsel; pending or potential litigation; investigation of possible criminal misconduct; business-transaction terms in the negotiation stage; matters required to be confidential by law; and individual owner assessment accounts (Real Prop. § 11B-111(4)).
- After a closed session, the minutes must state the time, place, purpose, the recorded vote of each member to close, and the statutory authority for closing (Real Prop. § 11B-111(5)).
- The MHAA does not itself fix a universal deadline to publish minutes of open meetings. (verify — minutes timing is generally set by the governing documents.)
Fines & enforcement
- Before imposing a fine, suspending a right, or otherwise sanctioning an owner, the association must follow the due-process procedure in Real Prop. § 11B-111.10 (applies to complaints arising on or after October 1, 2022).
- A written notice/demand must give a cure period of not less than 15 days to abate the violation without penalty (Real Prop. § 11B-111.10). (verify exact subsection.)
- The violation notice must state the nature of the violation and the procedure and time to request a hearing, which may not be less than 10 days from the notice (Real Prop. § 11B-111.10).
- At the hearing the alleged violator has the right to present evidence and cross-examine witnesses and a reasonable opportunity to be heard; the minutes must contain a written statement of the results and any sanction imposed (Real Prop. § 11B-111.10).
- Enforcement decisions are appealable to the courts of Maryland; the Columbia Association and Howard County village associations are excluded from § 11B-111.10 (Real Prop. § 11B-111.10).
Assessments, liens & foreclosure
- HOA/condo assessment liens are created and enforced under the Maryland Contract Lien Act, Real Prop. §§ 14-201–14-206, not the MHAA itself.
- A lien arises from a recorded covenant; on a payment default the association must give the owner notice of intent to create a lien and an opportunity to dispute it before recording a statement of lien (Real Prop. §§ 14-202, 14-203). (verify the specific notice period and pre-lien procedure.)
- A recorded lien may be enforced and foreclosed in the same manner as a mortgage or deed of trust containing a power of sale or assent to a decree (Real Prop. § 14-204).
- An action to foreclose the lien must be commenced within 12 years after the statement of lien is recorded (Real Prop. § 14-204). (verify limitation period.)
- Super-lien priority: on foreclosure by a first mortgagee, up to 4 months of unpaid regular common-expense assessments (excluding interest, fines, late charges, attorney's fees, special assessments, and costs) have priority over a first mortgage or deed of trust recorded on or after October 1, 2011 (Real Prop. § 14-203). (verify subsection and scope.)
Records access
- Lot owners and their authorized representatives may examine and copy all books and records kept by or on behalf of the association during normal business hours after reasonable notice (Real Prop. § 11B-112(a)).
- Timelines (Real Prop. § 11B-112): records must be made available no later than 15 business days after a lot is conveyed on request; requested documents prepared within the prior 3 years must be delivered within 21 days, and older documents within 45 days. (verify exact day counts.)
- The association may impose a reasonable charge for review/copying (not exceeding the limits in the Courts Article, Title 7, Subtitle 2), but may not charge a lot owner to examine financial statements in person or to receive them electronically (Real Prop. § 11B-112(b)).
- Records that may be withheld include personnel records (except salary/compensation), medical records, personal financial information, matters in active business negotiation, attorney-client privileged communications, and closed-session minutes unless a majority approves disclosure (Real Prop. § 11B-112(a)(2)).
Reserves & budgets
- The governing body must prepare and adopt a proposed annual budget and submit it to lot owners (Real Prop. § 11B-112.2). (verify budget-distribution timing.)
- Reserve study required (HB 107, 2022; eff. Oct. 1, 2022): an association responsible for common-area maintenance must obtain a reserve study identifying each major structural/mechanical/electrical/plumbing component, its remaining useful life, replacement cost, and the annual reserve amount needed (Real Prop. § 11B-112.3).
- A reserve study must be updated within 5 years of the initial study and at least every 5 years thereafter, reviewed in connection with the annual budget, and summarized for lot owners with the proposed budget (Real Prop. § 11B-112.3).
- Reserves in the annual budget must equal the funding amount recommended in the most recent reserve study (Real Prop. § 11B-112.3); a threshold of roughly $10,000 in reserve-component cost triggers the requirement. (verify the exact threshold and any small-association exemption.)
- 2025 legislation added a required reserve "funding plan" to reach the study's recommended funding level. (verify code placement — likely amending § 11B-112.3.)
Architectural control
- The MHAA has no general architectural-review statute fixing an approval procedure or timeline; architectural/modification review is primarily governed by the community's declaration, bylaws, and rules. (MD gap — flag: confirm the specific community's governing documents.)
- Note: § 11B-111.4 concerns lot-owner meetings (right to convene in common areas), not architectural review — do not cite it for architectural procedure.
- Where the documents require approval, the statutory carve-outs below (solar § 2-119, signs § 11B-111.2, ADUs) limit what an association may deny regardless of its architectural standards.
- Solar applications, in particular, must be processed reasonably and may not be used as a backdoor veto of a protected system (Real Prop. § 2-119). (verify whether any statute imposes a solar-application decision deadline.)
Protected activities (what an HOA generally cannot prohibit)
- Solar collector systems: a covenant or restriction that prohibits or unreasonably restricts installation is void and unenforceable (Real Prop. § 2-119); as amended effective Oct. 1, 2025, a restriction is "unreasonable" if it increases installation cost by 5% or more or decreases energy output by 10% or more (Real Prop. § 2-119). (verify the 5%/10% figures against final text.)
- Candidate / ballot-proposition signs: may not be prohibited; if no local law sets the window, display may be limited to no less than 30 days before and 7 days after the election or vote (Real Prop. § 11B-111.2; condos, § 11-111.2).
- Clotheslines: an association generally may not ban clotheslines, though it may reasonably regulate placement (Real Prop. § 14-130). (verify statute number — 14-130.)
- Accessory dwelling units (ADUs): as of Oct. 1, 2025, associations may not impose unreasonable limitations on building or renting ADUs (though ADUs may be treated as separate lots for voting/assessment). (verify code section.)
- Family child care homes: as of Oct. 1, 2025, associations may not enforce restrictions prohibiting family child care homes. (verify code section.)
Fair housing & assistance animals
- Maryland prohibits housing discrimination, including on the basis of disability, under the State Government Article §§ 20-701 to 20-710 and COMAR Title 14.03.04, alongside the federal Fair Housing Act — these apply to homeowners associations.
- It is unlawful to refuse a reasonable accommodation in rules, policies, practices, or services when necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling, including common areas (State Gov't Art. § 20-705). (verify precise subsection.)
- This includes allowing service and assistance/emotional-support animals notwithstanding a "no pets" or breed/size rule and generally waiving pet fees for such animals; an accommodation may be refused only where it imposes an undue hardship or fundamental alteration. (verify — Maryland has no HOA-specific assistance-animal statute; this rests on general fair-housing law; MD gap.)
Required disclosures
- Resale disclosure (Real Prop. § 11B-106): on resale of a lot (or initial sale in a development of 12 or fewer lots), the seller must give the buyer HOA disclosures — whether the lot is in a development, current fees and prior-year charges, delinquency status, management-agent contact, known judgments/violations, and copies of the declaration, bylaws, and rules — on or before the contract or within 20 calendar days after it.
- The contract must contain a conspicuous notice (bold and underscored) of MHAA rights, and the buyer has rescission rights (generally 5 calendar days if full disclosures were not received 5+ days pre-contract, and 3 calendar days after notice of a >10% fee increase or material amendment) (Real Prop. § 11B-106).
- Post-transfer notice: within 30 calendar days of any resale transfer, the transferor must notify the association of the transferee's name/address, transfer date, and mortgagee information (Real Prop. § 11B-106(d)).
- Asbestos disclosure was added for condominium sales (initial and resale) effective Oct. 1, 2024. (verify — applies under the Condominium Act, not MHAA.)
Dispute resolution
- The MHAA does not impose a single mandatory internal-ADR ("meet and confer") program on all associations; the § 11B-111.10 enforcement-hearing process serves as the internal due-process step for violations, and decisions are appealable to the courts (Real Prop. § 11B-111.10).
- State mediation: the Maryland Judiciary's MACRO / Mediation and Conflict Resolution Office and community mediation centers offer low-cost mediation of association disputes. (verify — voluntary, not statutorily mandated.)
- County boards: Montgomery County's Commission on Common Ownership Communities (CCOC) and Prince George's County operate local complaint/hearing processes; Charles County has an HOA Dispute Review Board. (verify current jurisdiction of each.)
- As of Oct. 1, 2025, the Attorney General's Consumer Protection Division has expanded authority over HOA disputes because lot owners are now expressly recognized as "consumers." (verify code placement.)
- Owners retain the right to sue in circuit court to enforce the governing documents or the Act. (verify any pre-suit ADR condition in a specific community's documents.)
Recent changes (2023–2026)
- HB 107 (2022, eff. Oct. 1, 2022): mandatory reserve studies and reserve funding for common-area associations (Real Prop. § 11B-112.3).
- Enforcement due process (eff. Oct. 1, 2022): codified fine/hearing procedure with cure period, hearing rights, and appeal (Real Prop. § 11B-111.10).
- 2024 (eff. Oct. 1, 2024): lowered the condo-declaration amendment threshold from 80% to 66⅔%, and added asbestos disclosure for condominium sales (Condominium Act). (verify — condo provisions, not MHAA.)
- 2025 (eff. Oct. 1, 2025): requires an independent party to administer governing-body elections; adds a reserve funding plan; bars unreasonable ADU limitations; defines solar unreasonableness at 5% cost / 10% output (§ 2-119); protects family child care homes; adds attorney's-fee limits on records requests; requires Prince George's County associations to register annually by Jan. 31; and expands AG consumer-protection authority over lot owners. (verify individual bill numbers and code sections — recent.)
Sources
- MHAA § 11B-111 (meetings) — https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp&enactments=false§ion=11B-111 ; AG summary — https://www.marylandattorneygeneral.gov/OpenGov%20Documents/11B-111.pdf
- MHAA § 11B-111.10 (enforcement/fines/hearings) — https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp&enactments=false§ion=11B-111.10
- MHAA § 11B-111.2 (candidate/proposition signs) — https://mgaleg.maryland.gov/2020RS/Statute_Web/grp/11B-111.2.pdf ; Whiteford client alert — https://www.whitefordlaw.com/news-events/regulation-of-political-signs-in-maryland-community-associations
- MHAA § 11B-112 (records) — https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp&enactments=false§ion=11B-112
- MHAA § 11B-112.2 (annual budget) / § 11B-112.3 (reserve study) — https://mgaleg.maryland.gov/2022RS/Statute_Web/grp/11B-112.3.pdf ; HB 107 chapter — https://mgaleg.maryland.gov/2022RS/Chapters_noln/CH_664_hb0107e.pdf ; Miller+Dodson — https://millerdodson.com/reserve-studies-for-maryland-community-associations-house-bill-107/
- MHAA § 11B-106 (resale disclosure) — https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp&enactments=false§ion=11B-106 ; MD REALTORS disclosure form — https://www.mdrealtor.org/Portals/22/adam/Files/xiVUSgmqDUC4Iz8FE6JXRg/FileLink/MD%20HOA%20Act%20Disclosure%20(Resale%20or%2012%20or%20Fewer%20Lots)%20(2).pdf
- Maryland Contract Lien Act §§ 14-201–14-206 — https://law.justia.com/codes/maryland/real-property/title-14/subtitle-2/ ; Whiteford MCLA summary — https://www.whitefordlaw.com/sitefiles/practices/(final)%20maryland%20contract%20lien%20act.pdf ; Reed Broome MCLA + selected statutes (2026) — https://reesbroome.com/uploads/files/statutes/Maryland-Contract-Lien-and-Selected-Statutes-2026.pdf ; Nolo HOA/COA foreclosure — https://www.nolo.com/legal-encyclopedia/maryland-hoa-coa-foreclosures.html
- Solar covenants § 2-119 — https://law.justia.com/codes/maryland/real-property/title-2/section-2-119/ ; Solar United Neighbors — https://solarunitedneighbors.org/resources/homeowners-associations-and-solar-access-in-maryland/
- Fair housing — Md. State Gov't Art. §§ 20-701–20-710 & COMAR 14.03.04 — Md. Dept. of Disabilities https://mdod.maryland.gov/housing/Pages/housing-rights-for-pwd.aspx ; COMAR 14.03.04.07 https://regs.maryland.gov/us/md/exec/comar/14.03.04.07
- Dispute resolution — MD People's Law Library — https://www.peoples-law.org/disagreements-your-condo-or-homeowners-association-maryland ; Montgomery County CCOC mediation — https://www.montgomerycountymd.gov/about-cochoa-mediation
- 2024–2026 legislative updates — Cowie Law Group 2026 — https://cowielawgroup.com/maryland-community-association-law-key-legilsative-updates-affecting-condos-hoa-co-ops-in-2026/ ; Lerch Early 2025 update — https://www.lerchearly.com/news/2025-maryland-legislative-update/ ; FS Residential 2026 guide — https://www.fsresidential.com/maryland/news-events/articles/maryland-homeowners-association-act/
- Whiteford MHAA full-act summary — https://www.whitefordlaw.com/sitefiles/practices/(final)%20maryland%20homeowners%20association%20act.pdf
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Book a demoFrequently asked questions
What laws govern HOAs in Maryland?
Maryland Homeowners Association Act (MHAA), Real Prop. § 11B-101 et seq. governs planned-community homeowners associations (lot owners subject to a declaration recorded to a development), covering disclosures, meetings, records, reserves, and enforcement. - Maryland Condominium Act, Real Prop. § 11-101 et seq. separately governs condominiums; many MHAA concepts have close condo-act parallels (e.g., the political-sign right for condos is § 11-111.2).
Can a Maryland HOA fine a homeowner, and what process is required?
Before imposing a fine, suspending a right, or otherwise sanctioning an owner, the association must follow the due-process procedure in Real Prop. § 11B-111.10 (applies to complaints arising on or after October 1, 2022). - A written notice/demand must give a cure period of not less than 15 days to abate the violation without penalty (Real Prop. § 11B-111.10).
What are the board meeting and notice rules for Maryland HOAs?
Open meetings: all meetings of the association — including board/governing-body and committee meetings — must be open to all members or their agents (Real Prop. § 11B-111(1)). - Notice: members must be given reasonable notice of all regularly scheduled open meetings (Real Prop. § 11B-111(2)); notice may be sent by electronic transmission if § 11B-113.1's conditions are met (§ 11B-111(6)).
What HOA records can Maryland homeowners inspect?
Lot owners and their authorized representatives may examine and copy all books and records kept by or on behalf of the association during normal business hours after reasonable notice (Real Prop. § 11B-112(a)). - Timelines (Real Prop. § 11B-112): records must be made available no later than 15 business days after a lot is conveyed on request; requested documents prepared within the prior 3 years must be delivered within 21 days, and older documents within 45 days.
When can a Maryland HOA place a lien or foreclose over unpaid assessments?
HOA/condo assessment liens are created and enforced under the Maryland Contract Lien Act, Real Prop. §§ 14-201–14-206, not the MHAA itself. - A lien arises from a recorded covenant; on a payment default the association must give the owner notice of intent to create a lien and an opportunity to dispute it before recording a statement of lien (Real Prop. §§ 14-202, 14-203).
Does HOA software make a Maryland board automatically compliant?
No. Compliance is the board's legal responsibility, guided by your association's attorney. Software like Grihak lowers effort and error by turning requirements into default workflows — noticed agendas, recorded votes, auto-generated minutes, documented violation hearings, permissioned document access, and a timestamped dues ledger — but it supports compliance rather than guaranteeing it.