Bethesda, Maryland Homeowners Association Lawyers

Attorneys Helping HOAs and Property Owners Resolve Disputes in Bethesda

Homeowners associations (HOAs) can help to maintain the structure, order, and aesthetics of residential communities. While these associations serve important functions by enforcing community standards, preserving property values, and managing shared amenities, they also have significant legal authority over how residents may use and maintain their property. Disagreements between homeowners and HOAs often arise, including when rules are enforced inconsistently or when an HOA board acts without legal authority. HOA boards may also encounter challenges related to rule enforcement, internal governance, and disputes among residents.

The attorneys at Fox & Moghul provide thorough legal support to both homeowners and HOAs in Bethesda, MD. Whether you are a property owner who is dealing with unjust restrictions or a board member who needs to make sure an HOA is operating within the law, we can provide the experienced legal counsel needed to protect your interests and resolve disputes effectively. We can address every aspect of HOA governance, enforcement, and dispute resolution, helping clients navigate the unique complexities of community association law in Maryland.

Our lawyers have established themselves as thought leaders in the field of real estate law. With our comprehensive knowledge of the legal issues that may affect real estate transactions, homeowners associations, and related concerns, we work to educate and inform other professionals about these matters. Our publications include a number of articles covering topics such as "Real Estate Law: Curing Clouds on Title," and we also serve as speakers in legal education seminars and conduct CLE workshops.

We have also been honored to receive awards that demonstrate the quality of our legal services and the extent of our knowledge. Attorney Faisal Moghul's nomination as a Fellow of the American Bar Foundation demonstrates his outstanding contributions to the law. He has also received the prestigious Rising Stars award from Super Lawyers, and he has been recognized as a leading educator in real estate law.

Supporting Homeowners With HOA-Related Concerns

Property owners who live in HOA-regulated communities are often subject to various restrictions and procedures that may affect how they can use, modify, or enjoy their property. While HOAs have legal authority under the Maryland Homeowners Association Act, that authority is not without limits. Our attorneys help homeowners ensure that their rights are respected and that any enforcement actions taken against them are lawful, fair, and properly documented. We can assist with:

Architectural Change Restrictions

Most HOAs require homeowners to obtain approval before making exterior changes to their property. These changes may include additions, decks, fences, driveways, or even paint colors. Disputes may arise when a homeowner's request is denied or when an HOA alleges that a change was made without permission.

Our lawyers assist homeowners by:

• Reviewing governing documents to determine whether the architectural restrictions are valid and enforceable
• Assessing whether the proper procedures were followed during the application or denial process
• Challenging arbitrary or discriminatory denials
• Negotiating resolutions that will allow homeowners to make reasonable improvements to their property

When enforcement over architectural issues escalates into penalties, or when litigation may be required to resolve disputes, our attorneys can provide representation to protect a homeowner's interests.

Penalties for Alleged Rule Violations

HOAs may issue fines, restrict amenities, or initiate legal action when they believe that a homeowner has violated a community rule. However, these penalties must be based on lawful authority, and they should be applied only after proper notices have been given and a homeowner has the opportunity to respond. In these situations, our lawyers can help property owners:

• Review violation notices and any supporting documentation
• Determine whether the rules in question are enforceable
• Evaluate whether the HOA followed the correct procedures for providing notice and offering a hearing
• Contest improper or excessive penalties

In many cases, early legal involvement can de-escalate the conflict and lead to a resolution without the need for litigation.

Disputes Over Fees and Assessments

Routine assessments and special fees are often necessary to maintain community infrastructure and fund shared services. However, homeowners may challenge these charges if they are not authorized by an HOA's governing documents or if the amount is excessive or poorly explained. Our attorneys work with property owners to:

• Review financial documents and budget summaries
• Evaluate the legal basis for assessments
• Determine whether notice and voting procedures were followed
• Negotiate payment terms or challenge improper assessments

Interference With Property Use

Some homeowners may encounter rules or enforcement actions that interfere with how they can use their home or land. These issues may involve limitations on renting, pet ownership, parking, landscaping, or home-based businesses. In these situations, our lawyers can advocate for homeowners to address restrictions that are not authorized by governing documents, are being applied inconsistently or discriminatorily, violate state or federal housing laws, or significantly interfere with a homeowner's enjoyment of their property.

By providing clear interpretations of governing documents and the applicable laws and advocating on behalf of our clients, our attorneys can help ensure that homeowners will be treated fairly and that community standards do not infringe on basic property rights.