Maryland Homeowner Rights

 
 

Summary of the Rights of Homeowners Who Live in Condominium and Homeowner Associations

 

Maryland Condominium Act-Title 11

 

Rights of Condominium Unit Owners:

 

1. Right to distribute written information relative to the condominium. (11-111.3)


2. Right to receive upon a written request most records of the condominium. (11-116)


3. Right to review and comment on the proposed annual budget. (11-109.2)


4. Right to be notified of any alleged rule violation. (11-113)


5. Right to present evidence and cross-examine witnesses at a hearing. (11-113)


6. Right to be notified of proposed rules, that an open meeting be called and the rule passed by a majority of the board if it has the delegated power. Right to disapprove any rule within 15 days of approval.  (11-111)


7. Right to nominate one’s self or any other person to be a member of the board.  [11-109 (13)]


  1. 8.Right to attend and speak at meetings of the board and     committees.  All meetings must be open with a few exceptions. If closed,  the reason must be in the next minutes.  [11-109 (7)(ii)]


9. Right to use condominium common elements. (11-108)


10. Right to assemble for the purpose of considering condominium matters. [11-108 (2)]


11. Right to be informed of increases in excess of 15% of budgeted amounts. (11-109.2)


12. Right to petition the circuit court for a receiver to manage the affairs of the condo if there is not a quorum on the board of directors. (11-109.3)


  1. 13.Right to have all association officers, managing agents or employees indemnified. (11-114.1)


  1. 14. Right to review of Maryland Condominium Act violations by the Division of Consumer Protection, 11-130)


 Maryland Homeowners Association Act, Title 11B


Rights of HOA Owners:


         1. Right to distribute written information relative to  the  HOA. (11B-111.3)


2.  Right to receive upon a written request most records. (11B-112)


3.  Right to attend and speak on any matter at meetings. All meetings must be open with a few exceptions. [11B-111 (i), (ii), (iv)]


4.  Right to notice of all HOA meetings. (11B-111 (2)


5.  Right to assemble. [11B-111.4 (b)]


6. Right to have all association officers, managing agents or employees indemnified. (11B-111.6)


  1. 7.Right to an open meeting discussing proposed budget and also in the case of budget increases in excess of 15% of budgeted amounts.(11B-112.2)


  1. 8. Right to petition the circuit court for a receiver to manage the affairs of the HOA if there is no quorum on the board. (11-111.5)

  2. 9.Right to OAG enforcement of election provisions in HOA documents (11-115.1)


  1. 10. Right to review of Maryland Homeowners Association Act violations by the Division of Consumer Protection, OAG. [11B-115 (c)]


Recently Passed (2013) Rights of both Condominium Unit Owners and HOA Owners:


  1. 1.The right to not be subject to foreclosure due to only fines and/or attorney fees. (Chapter 449) (Maryland Contract Lien Act, Section 14)


  1. 2.In the case of a foreclosure, the right to be charged legal fees that do not exceed the amount of the money owed. (Chapter 449) (Maryland Contract Lien Act, Section 14)


 

Condo/HOA homeowners may have other rights provided for in their association documents and bylaws.


For the complete text of these rights, consult the Maryland Condominium Act or the Maryland Homeowners Association Act.  To access these Acts, go to the Maryland General Assembly; click on the “Statutes” tab at the top of the home page. Then click on LexisNexis in the bottom left corner of the Stututes page. Agree to the terms presented and select “Real Property.” Scroll down and select:


Title 11, “Maryland Condominium Act” or

Title 11B “Maryland Homeowners Association Act”  


Revised 9-7-13