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To: Albion Wilde
State law would override the HOA in matters related to HOA law -- i.e., if your HOA is being governed in a way that violates your state law about the governance of HOAs, then state law will override the HOA.

Beyond that, there are very few cases where state law would override HOA governance. In many cases the HOA rules are more restrictive. Some states, for example, require boards of non-profit corporations to meet at least once per year. Your HOA documents may require your board to meet quarterly, or monthly. In that case, the HOA regulations would govern.

I'd be curious to know what issues you were facing in an HOA that were overridden by Maryland law.

166 posted on 02/15/2015 2:49:48 PM PST by Alberta's Child ("It doesn't work for me. I gotta have more cowbell!")
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To: Alberta's Child
I'd be curious to know what issues you were facing in an HOA that were overridden by Maryland law.

The one that springs to mind is that the HOA-ARC tried to regulate where the satellite dishes could be mounted on the houses, but the owners prevailed, because the location if the dish affected reception. Another is that people succeeded in running low-density home day care (one or two other children besides their own) in spite of the HOA by-laws forbidding home-based businesses.

The HOA did succeed in having a high-density day care put out, but only because it was completely illegal in terms of the state-mandated safety provisions for chlldren, and was being run by renters, who had not secured permission in their lease.

Renters were a real problem altogether -- maybe 8 to 10% of the 150 attached houses. The HOA didn't allow renting for the first 6 years, but when the economy tanked when Obama came into office, people just couldn't sell, and the HOA started allowing it. Now that community is infested with Section 8'ers in the rental units.

175 posted on 02/15/2015 3:03:58 PM PST by Albion Wilde (It is better to offend a human being than to offend God.)
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