Maryland HOA laws

Maryland HOA and Condo Laws, in Plain English

Maryland has 2 statutes that govern community associations: Condominium Act and Homeowners Association Act. Here is what each covers, who it applies to, and the rules that come with a sale, with a link to the official text of every one.

A summary for boards and owners, not a substitute for the statute or your attorney. Every act links to its official text, and the association that acts on a rule is responsible for reading it.

The actsWhen a home sellsQuestions

HOA laws

Maryland

MD
Condominium Act Homeowners Association Act
Resale documentResale Certificate
Fee cap$250
Deadline20 days
Buyer may cancel7 days or 5 days after receiving it

The Acts, and Who Each One Covers

Community type decides which act applies, and a community created before an act took effect may still be under the older one. The declaration says which.

Md. Real Prop. Title 11 (Condominium Act)

Condominiums

Governs condominiums in Maryland, which are created when an owner records a declaration, bylaws, and a condominium plat subjecting the property to a condominium regime. It covers formation and amendment of the regime, unit and common element ownership, the council of unit owners and its governance, assessments and liens, records and owner rights, and the disclosures owners and developers must give buyers, including on resale.

  • Md. Real Prop. 11-135 (Resale of unit)

    Requires a unit owner reselling a condominium unit to furnish the purchaser a resale package of governing documents and financial information, including the status of assessments owed on the unit, before the sale closes. The council of unit owners must supply this information to the owner within a set deadline after a request, and may charge only a capped fee for preparing it.

    Official text
Read Md. Real Prop. Title 11 on the state's site

Md. Real Prop. Title 11B (Homeowners Association Act)

HOAs and planned communities

Governs homeowners associations for planned communities of lots (as opposed to condominiums) that have existed in Maryland since July 1, 1987. It covers association creation and disclosure obligations at initial sale, the transition of control from developer to owners, meetings and governance, assessments, and the disclosures a lot owner or vendor must give a buyer on resale.

  • Md. Real Prop. 11B-106 (Resale of lot)

    Requires the seller of a lot in a homeowners association development to give the purchaser a disclosure packet of association information, including fees, other charges, and delinquency status, on or shortly after entering the resale contract. The statute sets a deadline for the association to produce this packet on request and caps the fee it may charge, with added caps for expedited delivery.

    Official text
Read Md. Real Prop. Title 11B on the state's site

When a Home Sells in Maryland

Maryland law has the association furnish resale certificate to the buyer, under Md. Real Prop. 11-135. The figures below come from the rules Havn applies to every order.

What Maryland calls the resale document
Resale Certificate
Fee cap
$250
Delivery deadline
20 days
Buyer's right to cancel
7 days or 5 days after receiving it

The full Maryland resale rules, who pays, and how to order are on the Maryland resale certificate page. Every state's cap and deadline sit side by side in the fee and deadline table.

Maryland HOA Law Questions

Which law governs condominiums in Maryland?

Md. Real Prop. Title 11 (Condominium Act). Governs condominiums in Maryland, which are created when an owner records a declaration, bylaws, and a condominium plat subjecting the property to a condominium regime.

Which law governs HOAs in Maryland?

Md. Real Prop. Title 11B (Homeowners Association Act). Governs homeowners associations for planned communities of lots (as opposed to condominiums) that have existed in Maryland since July 1, 1987.

Does Maryland cap the fee for a resale certificate?

Yes. The cap is $250. The current figure, and the rush and delinquency surcharges where the state allows them, are on the Maryland resale page and in the fee table.

How long does a Maryland association have to deliver resale certificate?

20 days, counted from the request.

Where can I read the Maryland statutes?

Each act on this page links to its official text on the state legislature's site. Havn summarizes the law and links to the source rather than restating it.

Nearby States

Virginia HOA laws

Resale fee: $176.64 · 14 days

District of Columbia HOA laws

Resale fee: no fixed dollar cap · 10 days

Delaware HOA laws

Resale fee: $200 · 10 days

Pennsylvania HOA laws

Resale fee: no fixed dollar cap · 10 days

Keep Reading

Guides

Templates

  • HOA Annual Meeting Notice TemplateA free HOA annual meeting notice template: date, place, agenda, the election, quorum, and the proxy or ballot enclosed, written to meet the notice window in your bylaws.
  • HOA Violation Notice TemplateA free HOA violation letter template: the rule cited, what was observed and when, the photo, the cure date, what happens next, and how the owner can respond or request a hearing.
  • HOA Dues Increase and Special Assessment Notice TemplateA free HOA letter template for a dues increase or a special assessment: the new amount and when it starts, why, the payment schedule, how to pay, and where to ask questions.
  • HOA Proxy Form TemplateA free HOA proxy form template: the owner, the home, the proxy holder, the meeting, directed instructions on each item, the expiration, and the signature.

Terms to Know

  • Resale certificateThe disclosure package an HOA or condo association furnishes when a home in the community is sold: what is owed, what is coming, and the documents that govern the home.
  • HOA lienThe association's legal claim on a home for unpaid assessments, created by the declaration and, in most states, by statute.
  • Super lienIn roughly twenty states, a slice of the association's assessment lien that takes priority over the first mortgage, usually a set number of months of assessments.
  • QuorumThe minimum number of owners, or share of the votes, that must be present or represented for a meeting to act.
  • Special assessmentA one-time charge beyond the regular assessment, levied to cover a shortfall or a project the budget and the reserves cannot: a roof, a lawsuit, a storm.

In Havn

  • Self-Managed HOAsEverything a volunteer board needs, for a dollar a home a month.
  • AccountingFund accounting, budgets, bank feeds, payables, and owner statements.
  • CommunicationsMeeting notices, violation letters, and dues notices by email, text, and mail, with delivery logged.

Run a Maryland community with the rules built in.

HOA management software with a homeowner portal owners actually use. Resale documents are included; the requester pays for each one.

Get Started FreeSee the Homeowner Portal