Q: What is the order of precedence between Maryland Code, County Ordinances (Code), and Corporation (HOA) By-Laws?
I am trying to determine what takes precedence so that I can properly run our HOA with respect to Quorum and % of HOA members required for meetings -- the MD State Code has one requirement, our County Ordinance (Calvert County) has another one that is different, and our HOA Bylaws has another spin on it......
A: The order of precedence is State Code, County Code, and then private contracts like HOA Agreements even if they are recorded with the land. But, if there is an interpretation in which all applicable law and private contracts can be honored, that’s the correct interpretation. For example, if the HOA requires a 2/3 quorum, the county ordinance requires 1/2, and the State requires 1/4, then 2/3 meets all three requirements.
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