Can a HOA impose fines for violations such installation of something in your yard prior to waiting for final approval from HOA.

Asked 10 months ago - Upper Marlboro, MD

HOA does not have anything regarding being able to impose fines on homeowners in their declaration/bylaws however they are giving fines for minor violations. I read however would like to know if its true, if a HOA does not violate a new homeowner for something in the first 12 months of the homeowner purchasing the home, then the HOA automatically waiver their rights to find for that particular issue. Is this true. So my questions are, can they impose fines for violations if its not written in their bylaws and the 2nd question is at some point do they waiver their right to impose fines if not done so in a certain time frame? Thanks

Attorney answers (2)

  1. Brandy Ann Peeples

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    Answered . There is no way to answer this question without reading your covenants and Bylaws. Any smartly written bylaws would include a non-waiver provision. I know of no law which automatically causes an HOA to waive its rights if it does not act within a year. As to the fines -- again, a careful reading of your bylaws and covenants is necessary.

    DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided... more
  2. Peter J Weinman

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    Answered . HOAs do not waive rights by not enforcing rules, you can be sure of that. And, even if you were to argue it on the basis of a laches or statute of limitations-type theory, one year is not going to do it.

    I may be guessing or not licensed in your state. No atty/client relationship exists.

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