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N Cal Attorney
N Cal Attorney, Lawyer
Category: Real Estate Law
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Experience:  Since 1983
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What can a homeowner do against an HOA that arbitrarily and

Customer Question

What can a homeowner do against an HOA that arbitrarily and capriciously applies and enforces standards. Standards that they refuse to make available.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  N Cal Attorney replied 1 year ago.

Thank you for your question.

In which State is the HOA located?

Please describe the situation a little more.

Customer: replied 1 year ago.
Maryland.The association conducted an inspection and directed we make repairs to trim on a bay window. The tenant expunged rotted wood, caulked, and painted the trim. The association re-inspected and said that the repairs had not been made, then assessed a $120 administrative fee. I asked to see the "standards" by which the association determined "repair" but they will not provide them. I contend that one cannot affect satisfactory repairs unless we know the metrics for success. Instead, time and money get spent playing "show me a rock".
Expert:  N Cal Attorney replied 1 year ago.

Does the HOA have written Rules, usually called Covenants Conditions and Restrictions?

Customer: replied 1 year ago.
As I mentioned, I have asked several times to see the "standards" and metrics for success. They have not been cooperative. No disrespect, but I see this intercourse going no where productive. I withdraw my question.
Expert:  N Cal Attorney replied 1 year ago.

I am sorry but sometimes I need to clarify the facts before I can provide an accurate answer.

They are violating the law if they refuse to show you the CCRs or any other relevant records:

§ 11B-112. Books and records of homeowners association; disclosures to be

deposited into depository.

(a) Books and records -- Examination; public inspection. --

(1) (i) Subject to the provisions of paragraph (2) of this subsection, all

books and records kept by or on behalf of the homeowners association shall be made

available for examination or copying, or both, by a lot owner, a lot owner’s mortgagee, or

their respective duly authorized agents or attorneys, during normal business hours, and

after reasonable notice.

From

http://www.reesbroome.com/newsroom/statutes/Maryland%20Homeowners%20Assoc%20Act.pdf

You can get a free consultation from some of Maryland HOA attorneys listed by location here.

A demand letter from a local attorney should be enough to force the HOA to produce the relevant documents, so please follow up on this with a local attorney.

I hope this information is helpful.

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