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Which Maryland Laws Govern Your HOA or Condo?

By The HOARebel Team · June 1, 2026 · 9 min read · Updated October 12, 2026

Statutes last fully checked against the official text in .

Not legal advice. This article is general information based on publicly available state law, which can change and varies by state. It is not legal advice and does not create an attorney-client relationship. Your community's governing documents may impose additional requirements. Verify the current statutes and consult a licensed attorney in your state about your specific situation.

Maryland spreads homeowner rights across a few statutes rather than one omnibus code, so the first step is knowing which law answers which question. For your specific situation, a licensed Maryland attorney is the right resource. This is general information, not legal advice.

Does Maryland have an HOA law?

Yes. Non-condominium associations are governed primarily by the Maryland Homeowners Association Act, Real Property Title 11B (§ 11B-119). Under § 11B-102(a), it applies to all homeowners associations that exist in the State after July 1, 1987, with carve-outs (§ 11B-102(e)) for condominium, cooperative and nonresidential property. It works alongside the recorded declaration, bylaws and rules.

The main statute for non-condominium associations is Real Property Article, Title 11B, which § 11B-119 says "may be cited as the Maryland Homeowners Association Act." It defines a homeowners association broadly — "a person having the authority to enforce the provisions of a declaration," which "includes an incorporated or unincorporated association" (§ 11B-101(i)).

Which associations it reaches

Section 11B-102(a) sets the scope: "the provisions of this title apply to all homeowners associations that exist in the State after July 1, 1987." There is no later cutoff, so an association formed before 1987 that still exists is covered. The same section then carves out:

  • Condos, co-ops and nonresidential property. Except as § 11B-101(f) provides, Title 11B "does not apply to any property which is" part of "a condominium regime governed by Title 11," part of "a cooperative housing corporation," or "to be occupied and used for nonresidential purposes" (§ 11B-102(e)). Section 11B-101(f)(2) adds that a development can include condominium or co-op property "to the extent that the property is part of a development" — so a condo can sit inside a larger HOA community.
  • Pre-1987 sales and improvements. The resale-disclosure sections (§§ 11B-105 to 11B-108) do not apply to any lot-sale contract "entered into before July 1, 1987" (§ 11B-102(f)), and § 11B-110 does not apply to "common area improvements substantially completed before July 1, 1987" (§ 11B-102(c)).
  • Small developments. Section 11B-105 does not apply to "developments containing 12 or fewer lots or in which 12 or fewer lots remain to be sold as of July 1, 1987" (§ 11B-102(d)).

What it covers

Title 11B is a governance and transparency law more than a comprehensive code. Among other things it covers:

  • Open meetings — under § 11B-111, "notwithstanding anything contained in any of the documents of the homeowners association," meetings of the association and its board "shall be open to all members." The separate owner comment period in § 11B-111(3) does not apply before the lot owners other than the developer "have a majority of votes in the homeowners association."
  • Books and records — the duty to make records available, with delivery deadlines (§ 11B-112).
  • Resale disclosures — what a seller must give a buyer (§ 11B-106).
  • Fines and other sanctions — the procedure in § 11B-111.10, below.

The fine procedure and its start date

Section 11B-111.10(b)(1) says the board "may not impose a fine, suspend voting, or infringe on any other right of a lot owner or any other occupant for violations of rules until the procedures in this subsection are followed." Those procedures start with "[a] written demand to cease and desist," allow at least 15 days to cure a continuing violation, and then require written notice of the right to request a hearing before the board.

Two limits on that procedure matter. First, timing and the documents: "Unless the declaration or bylaws state otherwise, the dispute settlement mechanism provided by this section is applicable to complaints or demands formally arising on or after October 1, 2022" (§ 11B-111.10(a)). Second, the section "does not apply to the Columbia Association or the village community associations for the villages of Columbia in Howard County" (§ 11B-111.10(e)). Whether a particular rule supports a fine at all is a separate question that turns on the recorded documents.

Reserve studies (Ch. 664 of 2022)

Chapter 664 of the Laws of 2022 (HB 107, effective October 1, 2022) was enacted "for the purpose of making statewide certain provisions relating to reserve studies" for co-ops, condominiums and HOAs. For HOAs, the requirement now sits in § 11B-112.3, which applies only to an association that has maintenance and repair responsibility for common areas and "[f]or which the total repair or replacement costs for all components identified in subsection (a) of this section is at least $10,000." It "does not apply to a homeowners association that issues bonds for the purpose of meeting capital expenditures."

Deadlines depend on where and when the HOA was formed. An HOA established outside Prince George's and Montgomery Counties "on or after October 1, 2022" needs an independent study before its first owners' meeting, then an update "within 5 years after the date of the initial reserve study ... and at least every 5 years thereafter" (§ 11B-112.3(c)). An older HOA in those other counties that had no study on or after October 1, 2018 had to complete one "on or before October 1, 2023" (§ 11B-112.3(d)(3)).

Funding follows the study. Under § 11B-112.2(d), budgeted reserves are to be "the funding amount recommended in the most recent reserve study," with a time limit to reach that level after an initial study and a limited financial-hardship exception. And § 11B-117(a)(2) lets the governing body increase an assessment "to cover the reserve funding amount required under § 11B-112.3" — "[n]otwithstanding any provision of the declaration, articles of incorporation, or bylaws restricting assessment increases." Condominiums and co-ops have parallel provisions in their own laws.

Liens and foreclosure: the Maryland Contract Lien Act (Title 14, Subtitle 2)

When assessments go unpaid, the HOA Act points to a separate law. Section 11B-117(b) lets an association "enforce the payment of the assessments and charges provided in the declaration by the imposition of a lien on a lot in accordance with the Maryland Contract Lien Act" — the name § 14-206 gives Real Property §§ 14-201 to 14-206.

  • Notice first. A party seeking a lien "shall, within 2 years of a breach of contract, give written notice to the party against whose property the lien is intended to be imposed" (§ 14-203(a)(1)).
  • A court check. The owner "may, within 30 days after the notice is served on the party, file a complaint in the circuit court for the county in which any part of the property is located to determine whether probable cause exists for the establishment of a lien" (§ 14-203(c)(1)). If a complaint is filed, "the party seeking to establish the lien has the burden of proof" (§ 14-203(d)).
  • Foreclosure limits. A lien may be foreclosed "in the same manner, and subject to the same requirements, as the foreclosure of mortgages or deeds of trust" (§ 14-204(a)). For HOAs and condos, though, foreclosure is allowed only if the debt consists of delinquent assessments and interest plus "[r]easonable costs and attorney's fees directly related to the filing of the lien that do not exceed the amount of the delinquent assessments," and does "not include fines imposed by the governing body" (§ 14-204(d)(2)).

One nuance for condos: the Contract Lien Act's definition of damages includes "fines levied under the Maryland Condominium Act" (§ 14-201(c)(1)), so a condo lien can include fines even though § 14-204(d) keeps fines out of a foreclosure.

Do Maryland condos follow a different law than HOAs?

Yes. Condominiums are governed by the Maryland Condominium Act, Real Property Title 11, instead of Title 11B. Under § 11-142(a), it applies to all condominiums, though those established before July 1, 1982 need not amend their declaration, bylaws or plat to comply. Its fine procedure in § 11-113 mirrors the HOA Act's, including the October 1, 2022 start rule.

If you own a condominium, Title 11 governs instead of Title 11B. Section 11-142(a) says "this title is applicable to all condominiums," but "with respect to condominiums established before July 1, 1982, the declaration or master deed, bylaws, or condominium plat need not be amended to comply with the requirements of this title."

The council of unit owners, "even if unincorporated, is constituted a legal entity for all purposes" (§ 11-109(a)). Its powers include the power, "after notice and an opportunity to be heard," to "levy reasonable fines for violations of the declaration, bylaws, and rules and regulations of the council of unit owners, under § 11–113." Section 11-113 mirrors the HOA Act's procedure, including the same October 1, 2022 start rule.

Title 11 also has an express conflict rule. Under § 11-124(e), if the title, the declaration, the plat, the bylaws, or the rules conflict, "the provisions of each shall control in the succession listed hereinbefore commencing with 'title'."

The nonprofit corporation law

An HOA may be incorporated or unincorporated (§ 11B-101(i)(2)). For an association organized as a nonstock corporation, "[t]he provisions of the Maryland General Corporation Law apply to nonstock corporations" unless the context or a specific provision says otherwise (Corps. & Ass'ns § 5-201). Section 5-202(b) lets a nonstock corporation's charter or bylaws set many of its own rules — including "the manner of giving notice of any meeting of its members" and quorum. And under § 2-405.1(c), a director "shall act" in good faith, in a manner the director "reasonably believes to be in the best interests of the corporation," and "[w]ith the care that an ordinarily prudent person in a like position would use under similar circumstances."

How the layers fit

  1. The statute — Title 11B for HOAs or Title 11 for condos. Some HOA Act rules override the documents outright ("notwithstanding anything contained in any of the documents," § 11B-111); others yield to them ("[u]nless the declaration or bylaws state otherwise," § 11B-111.10(a)). Condos have the § 11-124(e) succession.
  2. The recorded governing documents — declaration, bylaws, and rules, which supply most day-to-day authority, including whether a particular rule supports a fine.
  3. The Contract Lien Act (Title 14, Subtitle 2) for assessment liens and foreclosure.
  4. The corporation law (Corporations and Associations Article) for an incorporated association.
  5. Federal law — the Fair Housing Act, ADA, Servicemembers Civil Relief Act, OTARD, and the Freedom to Display the American Flag Act.

From records to fines to the assessment lien, knowing which statute applies is the starting point for most Maryland homeowner questions.

Sources

Keep reading

More Maryland HOA guides

The Maryland HOA guide covers the governing statute and lists every Maryland article.