Glen Burnie, MD asked in Real Estate Law for Maryland

Q: HelloHoa has a clause in place preventing legal action can I still file lawsuit on hoa or file just on hoa management

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1 Lawyer Answer
Richard Sternberg
Richard Sternberg
  • Potomac, MD
  • Licensed in Maryland

A: While it might be useful to have a lawyer read the actual clause and review the entire HOA governing documents before concluding as to what they say, as a general matter, neither the HOA nor anyone else, can declare themselves immune from the law or been g challenged in their understanding or compliance with the law. There are limitations, such as doctrines of exhaustion that generally apply to government agency procedures, and arbitration clauses that apply often in civil disputes, and, in some areas of law, like collective bargaining agreements in Labor Law, the procedure for that challenge is defined, but neither you, your HOA, nor the former president of the United States can write a binding clause that says, "Na, nana, na, na. You can't sue me." Consult your local lawyer.

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