Q: I am the builder of a new home in Prince Georges County Maryland. I am having a horrible time with an overzealous HOA
I am representing a purchaser of a custom to be built home. The lot is within a 50 year old community called Montpelier in Laurel MD 20707. All of the houses with the exception of this one lot was built in the 60's . The association is Montpelier Community Association. They have an application for architectural changes. It doesnt address the proper categories for a complete house, only for additions, decks and fencing. They specify the requirements for the outside front elevation, which was followed per their direction. The application was submitted and received on 4/7/21, I checked back with them 3 weeks later without response. I checked again 3 weeks later and again nothing. I contacted the md attorney generals office that stated that montpelier is actually a community association and they cannot govern as a HOA operates. plus they cannot just keep the application and not give any feedback. I sent over a demand letter to the hoa which generated a nasty response. what do i do
A: Your questions says you are "developer," but that you "represent the owner." Regardless, you have a political and legal problem. If you can't negotiate your way through a community organization staffed by non-professionals, you have the legal option of seeking a declaratory judgment from the circuit court. The order you seek would confirm the County info you received (if the documents support the conclusion) that the organization is acting beyond its statutory authority, or in violation of its private documents.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
