HOA/condo laws unfair to owners
As a resident owner for 27 years in a Maryland "common-ownership community," I fully sympathize with the views expressed by John Montreal ("Rules governing HOAs, condos flawed") in the Sept. 30 issue of The Gazette.
In my experience, neither the Maryland Condominium Act nor the Maryland Homeowners Association Act protects, in important ways, property owners from egregious actions by boards of directors. Rather, there are provisions in these acts that ensure that owners will be kept from knowing what the boards are doing especially how they are spending the association's money.
For example: The acts state that books and records kept by or on behalf of a council of unit owners or a homeowners association may be withheld from public inspection to the extent that they concern five types of information six types in the case of condos.
This means that, by law, unit/property owners can be denied access to the association's books and records almost without exception. Of course, a person can sue in court for the information sought, but he or she will almost certainly lose the case due to the strongly worded denial-of-access provisions in the acts. Bluntly put, the message in the acts is: "Pay your fees, but don't ask too many questions."
If you are considering buying a condo unit or a home in an HOA, my advice is: Do read the "resale documents" given to you for review prior to purchase. But also get and read carefully the relevant Maryland Condo/HOA Act because it will reveal what a trap you may be getting into, courtesy of the Maryland legislature.
Elizabeth Konig, Bethesda