HOA Laws in Maryland (2026): What Every Homeowner Needs to Know
Living in a community with a homeowners association (HOA) comes with rules, rights, and responsibilities. Understanding Maryland’s HOA laws can protect you from fines and legal trouble.
This guide covers everything you need to know about HOA laws in Maryland. It includes the latest changes that went into effect in 2025.
What Is an HOA?
A homeowners association (HOA) is an organization that manages a neighborhood or community. It sets rules for how properties look and how shared spaces are used.
In Maryland, HOAs are governed by the Maryland Homeowners Association Act. This law is found in Title 11B of the Maryland Real Property Code. It spells out what HOAs can and cannot do.
HOAs collect fees from homeowners. They use those fees to pay for maintenance, amenities, and community services. On average, Maryland homeowners pay around $4,810 per year in HOA fees.
The Main Laws That Govern Maryland HOAs
Maryland HOAs must follow several key laws. Here is a quick overview of the most important ones.
The Maryland Homeowners Association Act
This is the main law for HOAs in Maryland. It covers member rights, board rules, and how fees are collected. It also explains how disputes must be handled.
The Maryland Contract Lien Act
This law lets an HOA place a lien on your property if you fail to pay fees. A lien is a legal claim against your home. If the debt is not paid, the HOA can take you to court and potentially foreclose on your home.
The Maryland Consumer Debt Collection Act
This law regulates how HOAs collect overdue fees and assessments. It protects homeowners from unfair collection practices.
Federal Fair Housing Act
HOAs in Maryland must also follow federal law. They cannot discriminate based on race, religion, gender, disability, or other protected characteristics.
HOA Governing Documents
Every Maryland HOA operates based on a set of official documents. These documents are legally binding on all homeowners in the community.
Declaration (CC&Rs)
This document lists what homeowners can and cannot do on their property. CC&Rs stands for Covenants, Conditions, and Restrictions. It is recorded with the county and applies to all current and future owners.
Bylaws
Bylaws explain how the HOA is run. They cover board elections, meeting procedures, and the roles of officers. They are the internal rulebook for the association.
Rules and Regulations
These are the day-to-day guidelines for the community. They may cover things like parking, noise, and how to use shared areas. The board sets these rules, but they must be consistent with the CC&Rs.
Articles of Incorporation
This document officially creates the HOA as a legal nonprofit organization. It is filed with the Maryland Department of Assessments and Taxation.
Maryland law requires HOAs to make these documents available to homeowners. This is especially true when a home is being sold.
Homeowner Rights Under Maryland Law
Maryland law gives homeowners important rights. Knowing these rights can protect you.
Right to Access Records
You have the right to review HOA financial statements and meeting minutes. The HOA must respond to written requests within 21 days for recent records. For records older than three years, they have 45 days to respond.
As of October 1, 2025, HOAs cannot charge you a fee to review financial statements or meeting minutes in person. They also cannot charge you to receive them electronically. Charges only apply if you request copies outside normal business hours or without reasonable notice.
Right to Attend Meetings
All HOA board meetings must be open to members. You have the right to attend and observe. The board can only hold a closed session for limited reasons, such as legal matters or personnel issues.
Right to Vote
You have the right to vote in HOA elections. You can also vote on certain major decisions affecting the community.
Right to a Hearing Before Fines
Before the HOA can fine you, they must give you a chance to be heard. Maryland law requires written notice of any violation. You must be given at least 15 days to correct the problem before any fine is imposed.
HOA Fees and Assessments
Regular Assessments
HOAs collect regular fees to cover community expenses. These fees pay for things like landscaping, pool maintenance, and insurance. The board must approve a budget before setting assessment amounts.
Late Fees
If you miss a payment, the HOA can charge a late fee. In Maryland, late fees cannot exceed $15 or 10% of the overdue amount, whichever is higher. The HOA can only charge this late fee once per missed payment. Late fees can only be charged 15 days after the missed payment.
Special Assessments
Sometimes the HOA needs extra money for a big repair or project. They may charge a special assessment to cover the cost. This is separate from your regular fees.
Liens and Foreclosure
If you do not pay your fees, the HOA can place a lien on your property. A lien is a legal claim that shows you owe money. If you still do not pay, the HOA can sue you in court and start foreclosure proceedings. You will always receive notice and have the right to defend yourself in court.
HOA Rules and Enforcement
How the HOA Enforces Rules
The HOA board has the power to enforce the community’s rules. When a violation is reported, the board reviews the issue. If they find a violation, they send you a written notice.
You have at least 15 days to fix the problem. If you do not, the board may call a hearing. You have the right to present your side at that hearing. After the hearing, the board decides whether to impose a fine.
Fine Amounts
Fine amounts are set in the HOA’s governing documents. Fines must be reasonable and proportional to the violation. The HOA cannot fine you more than what its own documents allow.
Rules the HOA Cannot Enforce
Not every HOA rule is legal. A rule is unenforceable if it conflicts with state or federal law. A rule is also unenforceable if the board did not follow proper procedures when creating it. Rules that are applied unfairly—such as only against certain homeowners—can also be challenged.
2025 Law Updates: What Changed
Maryland’s General Assembly passed major HOA law changes in 2025. These new laws went into effect on October 1, 2025.
Independent Elections Required
HOAs must now use an independent party to run all board elections. This includes collecting ballots, counting votes, and certifying results. The person running the election cannot be a candidate. They also cannot have a personal stake in who wins. Management companies are not considered independent parties.
This change came from House Bill 1534. It is designed to make elections more fair and trustworthy.
Stronger Reserve Fund Rules
HOAs must now work with a reserve specialist to create a formal funding plan. A reserve fund is money set aside for future major repairs. The plan must use an accepted accounting method. The association must deposit the required money into the reserve account by the end of each fiscal year. Boards must also give an annual update to members at the membership meeting.
If an HOA faces financial hardship, it can reduce reserve funding for one fiscal year. If reserve funds are used for other purposes, they must be repaid within five years.
Clearer Rules for Solar Panels
Maryland has long protected homeowners who want to install solar panels. The 2025 law now gives clearer limits. An HOA restriction on solar panels is unreasonable if it increases installation costs by 5% or more. A restriction is also unreasonable if it reduces energy output by 10% or more. HOAs can still regulate the size and placement of solar systems in common areas.
Family Child Care Homes Are Now Protected
Before 2025, HOAs could ban family child care homes if their governing documents said so. That has changed. HOAs can no longer enforce rules that ban family child care homes in residential units.
Accessory Dwelling Units (ADUs)
HOAs can no longer ban or unreasonably restrict accessory dwelling units (ADUs) on single-family lots. An ADU is a smaller, secondary home on the same property—like a garage apartment or backyard cottage. HOAs may still treat ADUs as separate lots for the purpose of voting and fees.
Sensitive Information Protections
HOAs cannot require residents to provide sensitive personal information to access shared areas. Shared areas include pools, playgrounds, game rooms, and reading lounges. Sensitive information includes Social Security numbers, birth certificates, immigration status, medical records, and religious beliefs. The HOA can still ask for a government-issued photo ID.
Prince George’s County: Annual Registration Required
Associations in Prince George’s County must register with the County’s Community Association Registry each year. Registration is due by January 31. Associations must also pay a fee set by the County Executive.
Special Rules for Certain Property Choices
Short-Term Rentals
An HOA can restrict or ban short-term rentals like Airbnb. These restrictions are only valid if they are written into the governing documents. Check your CC&Rs to understand your HOA’s rules on this.
Long-Term Rentals
A proposed 2025 bill would have banned HOAs from restricting long-term rentals of six or more months. That bill did not pass. HOAs may still restrict long-term rentals through their governing documents.
Electric Vehicle Charging Stations
A 2025 law updated the rules for EV charging stations. Unit owners who install EV chargers are responsible for their insurance and upkeep. HOAs must process EV charger applications the same way they handle architectural changes. They have 60 days to review the application. If the HOA does not respond within 60 days, the application is automatically approved.
How to Resolve a Dispute With Your HOA
If you have a problem with your HOA, there are steps you can take.
Step 1: Read Your Governing Documents
Start by reviewing the CC&Rs and bylaws. Make sure there is a written rule that supports the HOA’s action against you. If no written rule exists, the HOA may not have the right to fine you.
Step 2: Request a Hearing
If you receive a violation notice, you have the right to request a hearing. Present your case clearly. Bring any documents or photos that support your position.
Step 3: Try to Resolve It Informally
Talk to the board or property manager directly. Many disputes can be settled without formal action. A polite, written letter explaining your concerns is often enough.
Step 4: Contact the Maryland Attorney General
You can file a complaint with the Maryland Attorney General’s Consumer Protection Division. Contact them at 410-528-8662 or [email protected]. This is a free option for Maryland residents.
Step 5: Use County Programs
If you live in Montgomery County or Prince George’s County, you can use the Commission on Common Ownership Communities (CCOC). The CCOC helps mediate HOA disputes at no cost.
Step 6: Contact a Lawyer
If all else fails, you may need a lawyer. Maryland law gives the winning party in an HOA dispute the right to recover legal fees from the losing party. So if the HOA is wrong, you may be able to get your attorney’s fees reimbursed.
Buying a Home in a Maryland HOA: What to Know
When you buy a home in an HOA community, the seller must give you a resale disclosure package. This package includes the CC&Rs, bylaws, rules, and a statement of any outstanding fees or fines.
Read these documents carefully before you close on the home. Once you purchase the property, you are legally bound by the HOA’s rules. Being informed upfront can save you a lot of stress.
Frequently Asked Questions
Can my HOA take my home if I don’t pay fees?
Yes, but only after a legal process. First, the HOA places a lien on your property. If you still do not pay, they can take you to court and start foreclosure. You will receive notice and have the right to defend yourself.
Can I record HOA meetings?
Maryland law does not specifically ban recording open meetings. However, your HOA’s governing documents may have rules about this. Check your bylaws to be sure.
What if my HOA is not following its own rules?
You can challenge the HOA through the internal dispute process. You can also contact the Maryland Attorney General or use your county’s CCOC program. An attorney can help if the issue is serious.
Can my HOA ban me from painting my house a certain color?
Yes. HOAs commonly regulate exterior paint colors through the CC&Rs. If a color is listed as prohibited, the HOA can fine you for using it.
Do I have to let an HOA inspector into my home?
Generally, no. HOAs can inspect common areas and the exterior of your property. They usually cannot enter your home without your permission or a court order.
Can I run for the HOA board?
Yes. As a homeowner, you have the right to run for the board. Under the new 2025 rules, elections must be run by an independent party to ensure fairness.
Does Maryland have a state agency that oversees HOAs?
No. Maryland has no statewide agency that regulates HOAs on a day-to-day basis. However, the Attorney General’s Consumer Protection Division can step in for certain complaints. Some counties have their own programs, like the CCOC in Montgomery and Prince George’s Counties.
Final Thoughts
Maryland HOA laws are designed to protect both homeowners and communities. Knowing your rights is the best way to avoid problems. Always read your governing documents when you move into an HOA community.
The 2025 updates brought meaningful changes, especially around elections, reserve funds, and property rights. Staying informed keeps you one step ahead.
If you are ever in doubt, do not hesitate to reach out to the Maryland Attorney General, your county’s CCOC, or a qualified attorney.
References
- Maryland Homeowners Association Act – Maryland Code, Real Property Title 11B https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp§ion=11b-101
- Maryland General Assembly – 2025 Legislative Session https://mgaleg.maryland.gov
- Maryland Attorney General – Consumer Protection Division https://www.marylandattorneygeneral.gov/Pages/CPD/default.aspx
- Maryland People’s Law Library – HOA Disputes https://www.peoples-law.org/disagreements-your-condo-or-homeowners-association-maryland
- HOA Explore – Maryland 2025 Law Updates https://www.hoaexplore.com/maryland-hoa-laws-updates/
- Lerch Early Brewer – 2025 Maryland Legislative Update for Community Associations https://www.lerchearly.com/news/2025-maryland-legislative-update/
- RunHOA – Maryland State Laws Reference https://www.runhoa.com/maryland-laws/
This article is for general informational purposes only and does not constitute legal advice. Laws may change. Consult a qualified attorney for advice specific to your situation.
