Monday August 04, 2025
What are unenforceable HOA rules?
Unenforceable HOA rules in Maryland are rules that an association cannot legally apply or impose on homeowners because they conflict with state or federal law, were adopted incorrectly, or exceed the HOA’s authority. For a rule to be enforceable, it must be consistent with Maryland HOA laws, fall within the HOA’s authority as outlined in its governing documents, and be enforced consistently across the community. Rules that are selectively applied or enacted without following proper procedures can also be challenged as unenforceable.Boards should work closely with an experienced property management company and legal counsel to review their governing documents regularly. Rules that are outdated or conflict with new state laws need to be amended or rescinded to protect the association from legal disputes.
This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members should consult their association’s attorney to discuss the legal implications of their decisions or actions prior to proceeding.
Examples of potentially unenforceable HOA rules in Maryland
There are several common examples of unenforceable HOA rules in Maryland that board members should know about. These include:
- Discriminatory restrictions: Any rule that discriminates based on protected classes such as race, religion, national origin, sex, familial status, or disability may be unenforceable and can expose the association to legal action.
- Restrictions on clotheslines (“Right to Dry” law): Maryland protects the right of owners of single‑family properties to use clotheslines. HOAs may only impose reasonable size or safety limitations.
- Improperly adopted rules: If the board fails to follow the proper procedures outlined in the governing documents when creating or amending a rule, such as giving adequate notice to homeowners or holding required HOA meetings, that rule may not be legally enforceable.
- Rules that exceed the HOA’s authority: HOAs are limited to the powers granted in their governing documents and Maryland’s Homeowners Association Act. If a rule conflicts with state or federal law, it may be unenforceable.
- Selective or inconsistent enforcement: Even if a rule is valid, enforcing it against some homeowners but not others can make it legally unenforceable. Boards must follow the same process for every violation to avoid challenges.
Homeowner rights
If formal action is necessary, homeowners have standing to challenge HOA covenants in state court, typically in the county in which the community is located. If the improper covenant or enforcement thereof violates the FHA, the homeowner can file suit in federal district court or file an administrative housing complaint with the Department of Housing and Urban Development’s Office of Fair Housing and Equal Opportunity. In states that favor pre-suit mediation, an impartial opinion from an experienced mediator can sometimes convince an HOA board to reassess an untenable position and forgo further enforcement.The options available to a homeowner facing HOA enforcement of an improper covenant — or a homeowner singled out for inconsistent enforcement — vary between states and based upon the nature of the covenant in question. In appropriate cases, it may be worth speaking with the board about the issues before taking any formal legal action. A well-written letter from a homeowner (or homeowner’s attorney) expressing valid concerns about the validity of a restriction or the board’s enforcement may be sufficient to change the board’s analysis.
If legal action proves necessary, or if the association has already instituted legal proceedings, it’s almost always a good idea to consult with an experienced attorney. An attorney familiar with the relevant state’s HOA laws will be able to evaluate the merits of the association’s position and the homeowner’s available defenses. Counsel can also provide valuable advice on important issues like statutes of limitations, potential alternate claims and defenses, and the merits of seeking a negotiated compromise versus pursuing litigation.
It’s worth noting that state HOA statutes and community declarations often include “fee-shifting” provisions requiring a losing party to reimburse the prevailing party’s legal fees in suits involving enforcement of covenants. In Ritter & Ritter v. Churchill Condominium Assn., 166 Cal.App.4th 103, a case from 2008 involving secondhand smoke, a court in California ordered an association to pay over $500,000 of a member’s attorney’s fees. Litigation is notoriously expensive, but fee-shifting provisions can defray some or all of the cost of defending against an HOA’s attempt to enforce an unenforceable covenant.
Potentially enforceable HOA rules in Maryland
While unenforceable HOA rules in Maryland can create confusion, many rules are valid and enforceable when properly adopted and consistently applied. Enforceable HOA rules typically fall into these categories:- Architectural guidelines: Rules regulating exterior paint colors, fence styles, or additions to a property may be enforceable if authorized in the governing documents and applied consistently.
- Parking and common area rules: HOAs may be able to regulate parking in private community streets and common areas, as long as the rules are clearly stated in the recorded documents and do not conflict with state or local laws.
- Maintenance standards: Rules requiring homeowners to maintain lawns, remove trash, or repair visible exterior damage are generally enforceable because they protect property values and are within the association’s authority.
- Fee and assessment collection: HOAs may be able to collect assessments and late fees if these charges are authorized in the declaration or bylaws. Boards must follow proper notice and collection procedures.
- Use of common amenities: Rules regulating the hours, reservations, or conduct in shared spaces like pools and clubhouses are typically valid if recorded and consistently enforced.