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HOA Architectural laws for airspace to condo owner as a rule

to build only 16 feet...
HOA Architectural laws for airspace to condo owner as a rule to build only 16 feet from a bedroom without this written in declaration only stated verbal years ago. Can the HOA deny the owner a fair and reasonable reasonable response not to build or improve its property?
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: PG County Maryland
JA: Has any paperwork been filed?
Customer: I filed an appeal when they denied my project to build in Common Elements area, and they can't find this rule in their declaration. I as them to show it to me to tell me where it can be found.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Our HOA BOD mbrs plan to meet and discuss what they can find an discuss this rule more.
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Answered in 10 minutes by:
8/15/2017
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,535
Experience: Texas Attorney for 30 years dealing in real estate
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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If they lack a rule here, this is some kind of we always did it this way deal it is not enforceable.You take the position that if they deny it without a rule base you will sue for damages including legal fees and court costs and permission to build.They have no legal basis here to act outside their own duly promulgated rules.Doesn't sound like they have any rules here and this is going to be illegal if they deny it.

I appreciate the chance to help you, so sorry you are having to go through this.

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 3 months ago
I appreciate your response, and wish to communicate via phone if possible. Is there a number to call you?

No but I can answer any follow up here, please just post,thanks

Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,535
Experience: Texas Attorney for 30 years dealing in real estate
Verified
Ray and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 3 months ago
I will need to wait on a final response from HOA BOD meeting results, after their findings of this so call rule.

And then you have right to sue if they cannot show you a rule here.They have no discretion to apply a non existent rule.

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Ray
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,535
43,535 Satisfied Customers
Experience: Texas Attorney for 30 years dealing in real estate

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