If you live in an association that is working to amend HOA/Condo governing documents, here are some important tips to keep in mind as you review and prepare to vote on those changes.

1. Beware of boilerplate documents that completely replace old documents with new and often inappropriate bylaws.

2. Beware of language that states that homeowners should pay "all attorney fees actually incurred by the Board of Directors." This wording obligates homeowners to pay for the Board's attorney's fees, as well as their own attorney's fees. Such wording sets up a "no-win" situation which could lead to bankruptcy and/or foreclosure for any homeowner.  California has addressed this issue with Civil Code 1354(c) which states, "In an action to enforce governing documents, the prevailing party shall be awarded reasonable attorney's fees and cost."

There are several homeowner rights bills introduced this session. MHA urges each of you to call or e-mail your state representives to support these bills. Click on the bill number for a summary of the bill; if you then click on the bill number on the summary you will get the full text of the bill. Note that some existing laws are being modified. The law's text being removed is in brackets and the text in bold is new text.

HB 54/SB 184-Condominiums-Dispute Settlement Mechanism: These identical bills remove a loophole that allowed bylaw changes to bypass the very fair dispute settlement mechanism now in MD condominium law.  MHA thanks Senator Kelley and Delegate Braveboy for sponsoring these bills.

For more pending bills of interest, go to LAWS on this web site.

MHA is a non-profit, all-volunteer, statewide organization chartered in 1982. MHA provides good governance information as well as supports the enactment and improvement of county and state laws protecting the rights of homeowners in condominium associations, homeowner associations and cooperatives. For a list of the current BOD, go to "more."