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We live in MD community govered by an HOA. Our neighor has…

We live in MD...

We live in MD community govered by an HOA. Our neighor has started painting the exterior a color different than original. We object to the color. We've asked the Management Company and Community President about whether an ACB application was submitted and approved. The response received was that informatiin can not be shared with other homeowners? Is this correct? Can we appeal?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

Sent an email to management company and Community Board making them aware of color change, which reqires ACB application. And asked to get a copy.

Lawyer's Assistant: Have you talked to a MD lawyer about this?

No

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Answered in 1 hour by:
6/7/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,184
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Generally, the records of the association must be made public with the exception of documents relating to the attorney-client privilege and documents relating to the employment of HOA members. They must provide you a reasonable time and place to view and inspect records including approvals or disapprovals for certain paints. In addition, the HOA may be in breach of contract for not enforcing the rules regarding the color of the paint.

A homeowners association, through its board of directors, has a duty to enforce its governing documents. An HOA has a duty to enforce the governing documents in good faith and not in an arbitrary or capricious manner through procedures which are fair and uniformly applied. Courts have determined that there is a presumption of reasonableness and it requires that recorded covenants and restrictions be enforced unless they are wholly arbitrary, violate a fundamental public policy, or impose a burden on the use of affected land that far outweighs any benefit. The failure of the HOA to act fairly in the enforcement of the CC&Rs could be a violation of the law or at least a breach of contract. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can just purchase, download, and go. Click here to get started.

Because I value your input, I would like to know whether you have any other questions for me today that I could help you with?

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