Pikesville, MD Homeowner Association Attorneys

Lawyers Helping HOAs With Governing Documents and Working to Resolve Disputes in Pikesville, Maryland

Homeowner associations play an important role in many residential communities. HOAs establish the rules that govern how properties in a neighborhood look, how common areas are used, and how certain services are handled. They have the legal authority to enforce those rules and collect assessments from property owners. As they carry out their duties, disputes may arise, and legal help will often be needed to resolve these issues effectively.

At Fox & Moghul, we provide legal guidance to HOA boards and property owners in Pikesville and the surrounding areas. We help our clients understand their rights and obligations, and we work with them to resolve disputes. Whether working with HOAs to address governance issues or helping homeowners protect their right to live in and use their properties without interference, we can take steps to resolve these matters as quickly and efficiently as possible.

Establishing and Modifying HOA Governing Documents

An HOA board will want to ensure that governing documents use the correct legal language while providing them with the authority to carry out their duties. Documents may need to be updated as a community's needs evolve, and the right procedures will need to be followed when doing so. Our attorneys can assist with:

Drafting and Reviewing Governing Documents

An HOA's covenants, conditions, and restrictions, which are commonly referred to as CC&Rs, will establish the structure of the association, define the common areas and the owners' rights to use them, specify how assessments will be calculated and collected, and detail how enforcement will be handled. Poorly drafted governing documents may contain ambiguous terms that could lead to disputes years later. Our lawyers work with associations to draft governing documents that are clear, meet all legal requirements, and are designed to serve the long-term needs of the community.

Amending Governing Documents

HOA boards may find that their governing documents contain outdated provisions, do not comply with the applicable laws, or did not address issues that have become important to the community. Updating these documents will require a close legal analysis to ensure that the amendment process is followed correctly. Amendments must be drafted using language that will accomplish the board's goals, and the proper voting procedures must be followed when putting modifications in place. Our attorneys can guide boards through the amendment process from start to finish.

Board Governance and Fiduciary Duties

The members of HOA boards are required to act in the best interests of the community rather than in ways that will only serve their own personal interests. Board members are also required to avoid conflicts of interest. In some cases, board members may be accused of taking actions to benefit themselves, selectively enforcing rules against specific homeowners, or making purchases or other financial decisions without receiving the proper authorization.

Our lawyers can advise HOA board members on their legal obligations, and we can help ensure that governance policies are put in place to avoid conflicts of interest. We can provide guidance on how specific decisions, such as entering into service contracts, may be made while following all applicable legal requirements.

Assessments and Budget Procedures

HOAs will collect assessments from property owners. They are required to follow specific procedures when doing so, including providing proper notice to members of the fees that must be paid or making sure they are informed of violations that could lead to fines. Homeowners may challenge assessments in certain situations, such as by arguing that the amounts of assessments are excessive or that they were not properly notified. Our attorneys can help associations follow the correct assessment procedures while complying with their governing documents.

Disputes Between HOAs and Property Owners

Our lawyers can provide guidance on the best ways to resolve disputes that may affect homeowners or HOA boards, including:

Covenant Violations and Enforcement

CC&Rs may restrict what property owners may do with their homes and properties, such as by prohibiting certain types of modifications, limiting the types or numbers of vehicles that may be parked on a property, and setting standards for property maintenance. When a homeowner violates a covenant, an HOA may issue a notice of violation, impose fines, and take legal action to force the owner to comply with their requirements.

Disputes may arise when a homeowner claims that they did not commit a violation, that certain restrictions are ambiguous, or that the association has enforced rules inconsistently by targeting some property owners but not others. Our attorneys can help associations take the proper steps to enforce covenants, and we can work with homeowners to challenge claims of violations.

Assessment Liens and Collection Actions

When a homeowner falls behind on assessments, an HOA may place a lien on their property. If the delinquency is not resolved, the HOA may pursue a foreclosure. Homeowners who are facing collection actions by HOAs should not ignore the notices they receive. They may have grounds to challenge the amount claimed or the procedures followed by the HOA. Our lawyers can represent associations pursuing delinquent assessments and homeowners who are seeking to resolve liens and avoid foreclosures.

Architectural and Modification Disputes

An HOA may require homeowners to obtain approval from an architectural review committee before making changes to their homes. These matters may address additions to homes, fencing, decks, paint colors, landscaping changes, or new structures on a property. Disputes may arise when a homeowner makes a modification without receiving approval or when a homeowner challenges the denial of a request. Our attorneys can help homeowners challenge unfavorable decisions by HOA boards, and we can work with associations to make sure architectural review standards are clear and consistent.

Disputes Over Common Areas and Amenities

HOAs are responsible for maintaining common areas such as pools, clubhouses, walking paths, parking areas, and landscaping. Disputes may arise when a homeowner believes an association has not maintained these areas adequately. Parties may also disagree about how common areas may be used. Our lawyers can review governing documents to ensure that common area maintenance is addressed correctly, and we can work with HOAs and homeowners to resolve disputes.

Contact Our Pikesville HOA Attorneys

Whether you are an HOA board member seeking guidance on your legal obligations or a homeowner who needs help with an enforcement action or assessment dispute, the team at Fox & Moghul can provide you with legal help, and we can assist in resolving the legal issues that may affect you and your community. Contact our Pikesville, MD homeowner association dispute lawyers at 301-409-5316 to schedule a consultation.