Maryland Condo / HOA Law

Maryland General Assembly To access the Maryland Condominium Act or the Maryland Homeowners Association Act, click on the above Maryland General Assembly link, then click on the Statutes tab at the top of the home page.  Then click on LexisNexis in the bottom left corner of the Statutes page. Agree to the terms presented and select Real Property. Scroll down and select:

Title 11: Maryland Condominium Act or Title 11B: Maryland Homeowners Association Act

Paper copies of the Maryland Condominium Act are available from the Maryland Office of the Secretary of State. For a copy, call 410-974-5521, ext. 3859 or 888-874-0013, ext. 3859 (toll free in Maryland.) For the electronic version, go to http://www.sos.state.md.us/OrganizRegistration.aspx and select “Maryland Condominium Booklet.” This version may be out of date and for current law always go directly to the Acts.

6/1/11-Maryland Foreclosure Protection Laws Apply to Lien Foreclosures in Condos and HOAs When discussing home foreclosures, Maryland used to be known as a “Rocket Docket” state where people could lose their homes without having enough time to prevent it.

Although it is well known that Maryland enacted bank foreclosure homeowner protections in 2010 (see http://www.oag.state.md.us/Consumer/foreclose.htm), it is not as well known that these laws also apply to lien foreclosures in Condos and HOAs for unpaid assessments.

The authority for this comes from Real Property Article 14-204(a), part of the Maryland Contract Lien Act, which provides that:

“A lien may be enforced and foreclosed by the party who obtained the lien in the same manner, and subject to the same requirements as the foreclosure of mortgages and deeds of trust on property in this State containing a power of sale or an assent to a decree.” This is a big step forward in protecting Maryland Condo and HOA homeowners from wrongful foreclosures.