Maryland HOA CC&Rs: What to know

What are Maryland HOA CC&Rs?

Maryland HOA CC&Rs are recorded covenants, conditions, and restrictions that establish the community and place binding requirements on the properties within it. They may govern property use, owner responsibilities, HOA fees, maintenance, and the association’s authority.
 

Common examples of Maryland HOA CC&Rs

Maryland HOA CC&Rs may place binding requirements on how owners use and maintain their properties.

Common examples include:

• Architectural changes and exterior modifications
   
• Property maintenance and appearance
   
• Landscaping responsibilities
   
• Vehicle restrictions
   
• Short-term rental restrictions
   
• Pet and animal restrictions
   
• Signs and exterior displays
   
• Residential or commercial use limits
   
• Owner maintenance obligations
   
• Regular and special assessments
   
• Insurance requirements
   
• Use of shared property and common areas

How CC&Rs differ from bylaws and HOA rules

CC&Rs set the main requirements for the property and explain the association’s authority. Bylaws focus on how the HOA is run, such as how board members are elected and how HOA meetings or votes are handled.

HOA rules offer practical guidance for daily community life, such as guest parking, pool hours, or amenity use. The documents should work together and follow Maryland HOA laws.
 

How to find CC&Rs

Owners can usually get their Maryland HOA CC&Rs from the association or its HOA management company. Owners should review the current documents and recorded amendments rather than relying on an older packet or unofficial summary.
 

How Maryland HOA CC&Rs are amended

The process for amending Maryland HOA CC&Rs can vary depending on the community, but the board might follow this general sequence:

1. Review the governing documents: Confirm the required approval percentage, who may vote, whether the declarant is still in control, and whether any lender or other party must approve the change.
    
2. Prepare the proposed amendment: Work with qualified Maryland counsel to draft clear language that follows local, state, and federal law and remains consistent with the rest of the governing documents.
    
3. Notify eligible owners: Share the proposed change and meeting or voting information using the notice process required by the governing documents and applicable Maryland law.
    
4. Collect the required votes: A Maryland HOA may generally amend its declaration with approval from lot owners in good standing holding at least 60% of the votes in the community. A lower percentage applies if the governing documents require one. For this rule, an owner is in good standing if they are not more than 90 days behind on HOA assessments or charges (Md. Code, Real Property § 11B-116).
    
5. Complete the required filings: Amendments to recorded CC&Rs should be recorded in the county land records. The HOA must also deposit updated documents covered by Maryland’s disclosure requirements in the homeowners association depository within 30 days after they are adopted or amended (Md. Code, Real Property §§ 11B-112 and 11B-113).

Different requirements may apply depending on the association and specific circumstances. Boards should ask qualified Maryland counsel to confirm the correct process before beginning a vote.
 

Maryland HOA CC&R laws to know

Here are a few key requirements boards and owners should understand:

• The Maryland Homeowners Association Act generally applies to homeowners associations that exist in the state after July 1, 1987, subject to limited exceptions.
   
• The declaration is a document recorded in the county land records that gives the association authority to impose mandatory fees. Recorded covenants and restrictions may also control how owners can use their properties (Md. Code, Real Property § 11B-101).
   
• An HOA may generally amend its declaration or recorded covenants and restrictions with approval from lot owners in good standing holding at least 60% of the community’s votes, or a lower percentage if the CC&Rs require one (Md. Code, Real Property § 11B-116).
   
• Maryland HOAs must deposit required CC&R disclosures and covered updates in the homeowners association depository maintained by the clerk of the circuit court. The depository is separate from the county land records and is open to the public (Md. Code, Real Property §§ 11B-112 and 11B-113).

Maryland laws and governing documents can change. Boards and owners should speak with qualified Maryland counsel about questions specific to their community.
 

Frequently asked questions about Maryland HOA CC&Rs and bylaws

What happens when CC&Rs conflict with Maryland law?

Maryland law generally controls when it overrides a provision in the CC&Rs. The answer may depend on the wording of the statute, when the restriction was adopted, and the facts involved. Boards should ask qualified counsel to review language that may be outdated or inconsistent with current law before trying to enforce it.
 

Can a Maryland HOA fine an owner for violating the CC&Rs?

An HOA may be able to fine an owner if its governing documents give it that authority. The association should follow the notice, hearing, and enforcement process required by its governing documents and applicable Maryland law before imposing a fine or limiting an owner’s rights (Md. Code, Real Property § 11B-111.10).
 

Can a Maryland HOA board change the CC&Rs on its own?

Generally, no. A Maryland HOA may generally amend its governing documents with approval from lot owners in good standing holding at least 60% of the community’s votes, or a lower percentage if the governing documents require one. Limited exceptions may apply to certain associations with secured bonds or long-term debt (Md. Code, Real Property § 11B-116).
 

About FirstService Residential

As North America’s leading property management company, FirstService Residential serves Maryland communities with local expertise backed by national resources. Our teams support board members with running meetings, recordkeeping, financial management, banking and insurance programs, resident communication, and 24/7 customer care teams. This way, board members can focus on long-term goals instead of day-to-day administration.

With over 25 years of experience across the state, we help HOAs, condo associations, high-rises, and master-planned communities operate smoothly and meet their goals with confidence. To learn how we can support your association, contact our Maryland team today.

This information is provided for general informational purposes only and is not intended to constitute, and should not be relied upon as, legal, regulatory, financial, or operational advice, or as a representation or guarantee of any specific services, capabilities, or outcomes. Property management needs, regulatory requirements, market conditions, and available services vary by jurisdiction, property type, and community. FirstService Residential provides services through locally based affiliates and associates, and services and results may vary by community, region, contractual terms, and applicable law.