Parkton, MD asked in Real Estate Law and Land Use & Zoning for Maryland

Q: Still waiting: Does the State of Maryland require [by law] that an HOA be formed to enforce covenants?

I posted this question last week and received one very eloquent response as to the wisdom of forming an HOA so as to enforce covenants BUT, at the end of the day, I did not receive a straight up "yes" or "no" answer to my question which again is: "does the state of Maryland require, by law, that an HOA is in place in order to enforce covenants? Yes or No? Many thanks!

1 Lawyer Answer
Thomas C. Valkenet
Thomas C. Valkenet
  • Real Estate Law Lawyer
  • Baltimore, MD
  • Licensed in Maryland

A: Yes. The phrase "in place" means properly organized, and in good standing with the State of Maryland. There are instances where an HOA described in recorded declarations has been allowed to lapse, or is no longer functioning. There are reported appellate court decisions describing what organizations and individuals have "standing" to sue on, and enforce various covenants that run with the land.

So, the "yes" answer is highly contingent on the particular facts girding your question, and the case law that may apply to your facts.

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