Maryland HOA Fine Notice Response

Introduction

Key Things to Know

1. 1

   A Maryland HOA fine notice response is the owner's written request for a hearing, sent to the board after its notice of your right to request one arrives and before the request period in that notice ends. It also answers the alleged violation, records any abatement, and lists the statements, evidence and witnesses you will produce. An earlier letter replying to the cease-and-desist demand can show the violation was abated within the period it allowed.

2. 2

   The clock is yours. Section 11-113(b)(3) and Section 11B-111.10(b)(3) require the board's notice to state the period of time for requesting a hearing, which may not be less than 10 days from the giving of the notice. If you request within that period, the board must give written notice of the time and place, at least 10 days after your request. If you do not, paragraph (5) directs the board, at the next meeting, to deliberate whether the violation occurred and decide whether a sanction is appropriate.

3. 3

   The cease-and-desist demand comes first and must specify the alleged violation, the action required to abate it, and, for a continuing violation, a time period of not less than 15 days to abate without further sanction. For a violation that is not continuing, the demand instead warns that a further violation of the same rule may be sanctioned after notice and opportunity for hearing. The hearing notice can follow only within 12 months of the demand.

4. 4

   Check the hearing-rights notice for its four required items: the nature of the alleged violation, the procedures for requesting a hearing, the period for requesting it, and the proposed sanction. Section 11-113(b)(1) and Section 11B-111.10(b)(1) say the board may not impose a fine, suspend voting or infringe any other right until these procedures are followed. Subsection (a) of each section lets the declaration or bylaws state otherwise, so read your own documents too.

5. 5

   The board itself hears the matter, in executive session. Section 11-113(b)(4)(ii) gives a condominium unit owner the right to present evidence and present and cross-examine witnesses; Section 11B-111.10 gives a lot owner the right to present evidence and cross-examine witnesses. Before any sanction takes effect, proof of notice must be entered in the minutes, and the minutes must contain a written statement of the results and any sanction imposed.

6. 6

   Maryland statutes set no dollar ceiling on a fine. Section 11-109 lets a council of unit owners levy reasonable fines after notice and an opportunity to be heard under Section 11-113, and the Homeowners Association Act names no amount. Ask the board to identify the rule or schedule behind the proposed sanction stated in the notice, and keep a copy of the minutes entry if you can obtain one.

7. 7

   Section 14-204(d) of the Maryland Contract Lien Act lets a condominium or homeowners association governing body foreclose on a lien only if the damages secured do not include fines imposed by the governing body or attorney's fees or costs related to recovering them. That bar does not preclude other means of enforcing a lien. A decision made under these procedures is appealable to the courts of Maryland.

Maryland Requirements for HOA Fine Notice Response

• Condominium or Homeowners Association

  Condominiums follow Real Property Section 11-113 and homeowners associations follow Section 11B-111.10. The steps match, but the witness wording, the lien text and the Columbia Association exclusion differ. Your declaration or bylaws may state a different procedure.

• The Cease-and-Desist Demand and Its Abatement Period

  The first letter must name the alleged violation and the action required to abate it, and for a continuing violation allow at least 15 days to abate without further sanction. Record the date it arrived and the period it gave.

• The Hearing-Rights Notice and Its Request Deadline

  Within 12 months of the demand, the board must send written notice of your right to request a hearing, stating a request period of at least 10 days from the giving of the notice. Write down the last day to request.

• A Written Hearing Request Sent in Time

  Request the hearing in writing before the period ends and keep proof of delivery. If no request arrives in time, the board decides at its next meeting whether the violation occurred and whether a sanction is appropriate.

• Evidence and Witnesses for the Executive Session

  The hearing is held by the board in executive session. You may present evidence and cross-examine witnesses, and a condominium owner may also present witnesses. List witnesses and exhibits in your request.

• The Rule Behind the Proposed Sanction

  No statute sets a dollar cap. A condominium may levy reasonable fines after notice and an opportunity to be heard under Section 11-109. Ask which rule or schedule supports the proposed sanction named in the notice.

• The Lien Text and the Foreclosure Bar on Fines

  Section 14-204(d) bars foreclosure on a lien whose damages include fines. Section 14-201(c) counts Condominium Act fines as lien damages; Section 11B-117(b) speaks of assessments and charges in the declaration. You have 30 days to contest a notice of intent to lien.

• The Minutes and the Court Appeal

  Before a sanction takes effect, proof of notice must be entered in the minutes, which must also state the hearing results and any sanction. A decision under these procedures is appealable to the courts of Maryland.