Amending HOA Declaration

Started by RobertT • 1 replies • 2591 views

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RobertT (Colorado)
Posts: 1

Posted:

I am new to the Board of Directors of my Property Owners Association in Maryland, and I have a question for other Maryland HOA leaders. I have been told that it takes a unanimous vote of the property owner members to amend the declaration, but no one seems to be able to tell me the source of this requirement. There is nothing in the declaration itself or the by-laws, and I can't find anything in the Maryland statutes. There is a bill in the Maryland General Assembly that proposes to reduce the required vote to 80 percent, but it is an addition to the Maryland Homeowners Association Act and does not refer to any other statute. Our declaration is over 50 years old and has never been amended. Does anyone have an answer?

RogerB (Colorado)
Posts: 5,067

Posted:

RobertT, it is difficult to believe that neither your Declaration nor your Bylaws include how to amend. If it is not stated then if the bill passess you will be able to amend with 80% of all owners approving. Get the approval in writing and keep the approvals on file. You will need to file the amendment with all counties in which your association is located. If the bill does not become law you would have to go to court in order to get legal approval to amend.

RogerB

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