Q: HOA requests removal of fence on HOA property after 27 years. What are my rights in Maryland?

A: Your question leads to many projected answers, but mostly to more questions. It is plausible that they have interpreted the HOA rules wrong after 27 years, or that you have rights from a prior version of the same rules. There are adverse possession issues, unless the claim is undercut by missing one of the elements, most likely the lack of adversity. What you need is a proper survey and title review and a consult on the facts. You need a skilled lawyer.

A: Obviously, you would like to leave the fence where it is.

First, you need to look at your HOA governing documents and covenants filed in the land records, or better, have a lawyer do so, and review issues relating to the right to claim adverse possession over common community property of the HOA (almost certainly that right is foreclosed, but look anyway). It is unclear whether you can claim adverse possession over community held property, because technically, you are a part owner and no one person owns the land. Second, there is generally a 3 year statute of limitations in Maryland for an HOA to enforce a violation of the governing documents, but again, look at the HOA documents to see if there is anything said about the time for enforcement of violations. Third, notwithstanding whether the statute of limitations bars the enforcement action, an HOA may lose the right to enforce restrictions if it unreasonably delays exercising its enforcement rights, and that delay prejudices the homeowner-- this legal defense is called, "laches."

The HOA can hire a lawyer and sue you, if you refuse to remove your fence located on HOA property. They may incur the cost of removing the fence and sue you for the amount they paid plus their legal fees, then if they win the suit and get a judgment, then that judgment may be recorded as a lien against your property. It can also be collected by garnishment of your wages or bank accounts. However, if you successfully defend the case on statute of limitations grounds or laches, then you avoid paying for removal of the fence, but you likely incur your own attorney's fees.

You might hire a lawyer to write a letter to the HOA raising some or all of the above defenses, and any others that may be identified, and see what kind of response you receive. But barring an expensive lawsuit over a questionable adverse possession claim, if the fence is on HOA land, then they can have it removed. The issue is, who should have to pay for that removal: the HOA or you. If by its removal you are losing one side of your enclosed fenced-in yard, and if you want to retain a fence along your yard, then you are going to have to incur the expense of re-installing a fence on your property. As a matter of practicality, if that is the case, then perhaps the smarter move is to make peace with the HOA and pay for the relocation of the fence onto your property.