Legal Question in Civil Litigation in Maryland

Home Owner's Association

My development of 19 homes is nearing completion, and the developer has no home owner's assoc. in place, however some owner's now want to form one. Is there any legal obligation to participate, regardless of a majority vote for it? We do not wish to participate. Thanks, Hope


Asked on 1/08/07, 3:25 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Home Owner's Association

If you did not take title to your property subject to a Declaration of HOA, you can't be forced to join an association after the fact. But I suggest you check your closing papers to see if you signed anything that acknowledged the right of the developer or fellow property owners to establish an association and obligated you to participate under those circumstances. If you have a copy of your deed of trust, see if there is a paper called a "PUD rider" attached to it. PUD stands for planned unit development.

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Answered on 1/09/07, 9:30 am


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