Legal Question in Real Estate Law in Maryland

Re: Can I paint in my garage

Clearly the Health Department is acting within its

authority to respond to the complaint. This being said, this

does not necessarily mean that that Health Department has

the authority to stop your activity. There must be some

basis in law or regulation for the Health Department to preclude your

activity. Inquire as to the specific basis upon which the Health

Department is acting.

There is also a matter pertaining to the covenants and restrictions of the

home owner's association. The articles of the Association, its by laws, minutes, and

other relevant decisions and implementation thereof bear upon this matter. Where the

home owner's association seeks to take legal action against you, they can do so only through

an attorney. If the HOA attempts legal action on their own, without an attorney, this would

be deemed the unauthorized practice of law (unless, of course, a member of the Association is an

attorney acting on its behalf).

Local zoning laws may also preclude the activity.

The bottom line is: find out the basis upon which any

action is being asserted against you. The assistance of

an attorney my be helpful.

G. Joseph Holthaus

(410) 799-9002

Re: Can I paint in my garage

The short answer to your question is that the complaints of the neighbors, in and of themselves, should not prevent you from the painting. You should ask the health inspector specifically what regulation you are in violation of by doing what you're doing. Even if you are cited, you would be entitled to an administrative hearing. Obviously, if there's a way to ventilate the garage so as to direct the fumes away from the complaining neighbors, that might be an easier way of solving the problem.