HOA Laws in Maryland: What Boards and Homeowners Need to Know

Updated May 2026  ·  est. 7,000+ HOAs in Maryland

Overview: How Maryland HOA Law Works

Maryland has dedicated statutes for both planned community HOAs (Md. Code, Real Prop. § 11B) and condominiums (Md. Code, Real Prop. § 11), both with meaningful resale disclosure obligations, financial record access rights, and notice-and-hearing requirements before fines can be imposed. The Maryland HOA Act requires sellers to provide buyers a resale disclosure package within 20 days of request, and buyers have a 5-day rescission right after receiving it. Maryland condominium associations have a limited super-priority for up to 4 months of unpaid assessments over first mortgages, though planned community HOAs do not share this advantage.

Every HOA in Maryland is governed by a combination of state law and its own governing documents - typically the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and rules and regulations. Where state law and governing documents conflict, state law generally controls. Where state law is silent, the governing documents fill the gap.

Key Maryland HOA Laws and Requirements

• Maryland's Homeowners Association Act (Md. Code, Real Prop. § 11B-101 et seq.) governs planned community HOAs; the Condominium Act (Md. Code, Real Prop. § 11-101 et seq.) governs condominium associations.
• Sellers in a Maryland HOA must provide a resale disclosure package within 20 days of written request; buyers have a 5-day right of rescission after receiving it (Md. Code, Real Prop. § 11B-106).
• Financial records must be available to members within a reasonable time of a written request under the Maryland HOA Act.
• HOAs may impose fines only after providing written notice of the alleged violation and an opportunity for a hearing before the board (Md. Code, Real Prop. § 11B-111.1).
• Maryland condominium associations have a limited super-priority for 4 months of unpaid assessments over first mortgages (Md. Code, Real Prop. § 11-110); planned community HOA liens do not share this super-priority.
• Maryland planned community HOA assessment liens are subordinate to first mortgages; the lien ranks junior to a recorded first mortgage in a foreclosure.
• Maryland does not require planned community HOAs to maintain a reserve fund by state statute; reserve obligations depend on each community's CC&Rs.
• Maryland has no dedicated state agency for HOA dispute resolution for planned community associations; homeowners must use internal procedures or file in Maryland circuit court.

What Maryland Homeowners Have a Right To

Regardless of what any individual HOA's governing documents say, Maryland homeowners in HOA communities generally have the right to:

• Access financial records and meeting minutes (within timeframes set by state law or governing documents)
• Receive notice before fines are imposed and an opportunity to be heard
• Attend board meetings (with limited exceptions for executive sessions)
• Inspect and receive copies of the community's governing documents
• Vote in board elections and on major community decisions
• Receive proper notice before assessments are collected by lien or legal action

Assessment Collection in Maryland

When a homeowner fails to pay assessments in Maryland, the HOA's typical collection process follows these steps:

1. Written notice of delinquency sent to the homeowner
2. Late fees applied after the grace period specified in governing documents (or as set by state law)
3. Lien filed against the property after notice and applicable cure period
4. If unpaid, the HOA may pursue legal action or foreclosure per Maryland law and the governing documents

Maryland's specific procedures, notice periods, and lien priority rules are set by Maryland Homeowners Association Act (Md. Code, Real Prop. § 11B-101 et seq.) and the association's governing documents. Boards should consult legal counsel before initiating collection actions.

Fines and Enforcement

Most Maryland HOAs can impose fines for rule violations, but procedural requirements must be followed. In general:

• The homeowner must receive written notice of the alleged violation
• There must be an opportunity to cure the violation or be heard before a fine is imposed
• Fine amounts must be established in the community's schedule of fines (typically in the rules and regulations)
• Fines may be collected as assessments and, if unpaid, can become part of an assessment lien

How Software Helps Maryland Boards Stay Compliant

The procedural requirements under Maryland HOA law - notice before fines, member record access, financial transparency - are exactly what good HOA software automates:

• Violation notices are timestamped and logged automatically, creating the audit trail Maryland law requires
• Payment history is visible to residents in their portal, satisfying member record access rights
• Financial reports can be generated and shared with members on demand
• Document storage keeps governing documents accessible to all members at any time

Frequently Asked Questions: HOA Law in Maryland

What is the Maryland HOA resale disclosure package and when is it required?

Under Md. Code, Real Prop. § 11B-106, a seller of a home in a Maryland HOA must provide the buyer with a resale disclosure package, which includes the community's governing documents, current budget, reserve fund status, and any pending special assessments or violations. This package must be provided within 20 days of the buyer's written request, and the buyer has a 5-day right of rescission after receipt. Failure to deliver the package can allow the buyer to void the contract.

Can a Maryland HOA fine a homeowner without a hearing?

No. Under the Maryland Homeowners Association Act (Md. Code, Real Prop. § 11B-111.1), an HOA may impose fines only after providing written notice of the alleged violation and an opportunity for the homeowner to appear before the board. The board must hold a hearing if the homeowner requests one. Fines imposed without following this notice-and-hearing procedure may be unenforceable.

How does Maryland law treat HOA assessment liens relative to mortgage liens?

Maryland planned community HOA assessment liens are generally subordinate to a recorded first mortgage; the HOA lien ranks junior in a foreclosure. Maryland condominium associations, however, have a limited super-priority for up to 4 months of unpaid common expenses over first mortgages under the Condominium Act. This distinction matters for buyers, lenders, and title companies when a property in a Maryland common interest community is sold or refinanced.

What financial records must a Maryland HOA provide to members?

Under the Maryland Homeowners Association Act, members have the right to inspect and receive copies of the association's financial records, including budgets, financial statements, and reserve fund information, within a reasonable time of a written request. Boards that deny reasonable records requests without justification risk violating the act and may face member complaints and potential litigation.

Does Maryland require HOAs to hold open board meetings?

The Maryland HOA Act includes provisions for member access to board meetings and requires advance notice of meetings. Under the act, HOA board meetings must generally be open to members with limited exceptions for executive sessions covering sensitive topics such as litigation, personnel, and contract negotiations. Members should review both the act and their governing documents for specific notice timelines and meeting access rules.