Maryland HOA Act effective date

Started by AmyK2 • 8 replies • 1205 views

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AmyK2 (Maryland)
Posts: 11

Posted:

The MD HOA Act states that meetings of the Board of Directors should be open to all membership. Our board states that since our HOA was incorporated before the act was created, that the act doesn't apply to them and that board meetings will remained closed. Our bylaws don't state anything about whether the board meetings are to be open or closed. It was decided by our board to keep them closed. Doesn't our board have to follow the MD HOA Act since it's a state law?

TimB4 (Tennessee)
Posts: 21,044

Posted:

Per the MARYLAND HOMEOWNERS ASSOCIATION ACT (available on LexisNexis), specifically Md. REAL PROPERTY Code Ann. § 11B-102 Applicability of title . . .

(a) Homeowners associations in existence after July 1, 1987. -- Except as expressly provided in this title, the provisions of this title apply to all homeowners associations that exist in the State after July 1, 1987.

Therefore, if your Association was in existence prior to July 1, 1987 - the act does not apply to them unless the membership amends their governing documents (possibly the CC&Rs) to specify that they are to adhere to the act.

AmyK2 (Maryland)
Posts: 11

Posted:

I found our articles of incorporation. We were incorporated in 1979. I'm disappointed that our HOA isn't regulated at all by the MD HOA Act. Our bylaws are so old that they give members very little rights and give the board the power to do anything. It's like a dictatorship. I somehow need to convince the board to update our governing documents. Thank you for your help.

TimB4 (Tennessee)
Posts: 21,044

Posted:

Quote:

Posted By AmyK2 on 03/04/2017 9:15 AM
I somehow need to convince the board to update our governing documents. Thank you for your help.

Or lobby your legislature to amend the law - pointing out your issues can help.

Keep in mind that being incorporated, corporate laws also apply.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Amy

Your best plan of action is to get BOD Members elected that will pass Rule & Regulation opening the BOD Meetings to owners. Once that is done then work on an amendment to your docs to solidify it.

KerryL1 (California)
Posts: 14,550

Posted:

Is there any help, Amy, elsewhere in Tim's citation with an "exception?" "(a) Homeowners associations in existence after July 1, 1987. -- Except as expressly provided in this title..."

KerryL1 (California)
Posts: 14,550

Posted:

Is there any help, Amy, elsewhere in Tim's citation with an "exception?" "(a) Homeowners associations in existence after July 1, 1987. -- Except as expressly provided in this title..."

AmyK2 (Maryland)
Posts: 11

Posted:

I read the citation. There aren't any exceptions that help. Thanks for bringing this up.

AmyK2 (Maryland)
Posts: 11

Posted:

Thank you!

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