Md. Code, Real Property § 11B · MD HOA Act · Updated for 2026

Maryland HOA Laws: The 2026 Guide for Boards & Homeowners

Maryland has one of the most regulated HOA environments on the East Coast — concentrated in the DC suburbs (Montgomery, Prince George's, Howard counties) and the Baltimore corridor. The Maryland Homeowners Association Act (Real Property § 11B) is comprehensive, and Maryland is one of the few states where the Attorney General's office plays an active role in HOA dispute resolution. This guide covers what every board and homeowner needs to know.

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Educational information, not legal advice.

This page summarizes Maryland HOA law as of 2026. It is not legal advice. Maryland HOA law is updated frequently. Consult a licensed Maryland community association attorney before acting on anything here.

Section 1

What is the Maryland Homeowners Association Act?

The Maryland Homeowners Association Act (Md. Code, Real Property § 11B-101 et seq.) is the primary statute governing HOAs in Maryland. It applies to all homeowners' associations that have the power to impose assessments. Maryland's Act is one of the more comprehensive HOA statutes on the East Coast, covering governance, finances, disputes, and homeowner protections.

Key sections:

  • § 11B-111: Board meetings, open-meeting requirements, executive sessions
  • § 11B-112: Books, records, and member inspection rights
  • § 11B-113: Annual budget and annual meeting
  • § 11B-115: Assessment authority, liens, and collection
  • § 11B-113.2: Dispute resolution through the Attorney General's office
  • § 11B-106.1: Governance disclosure — annual statement of rights and obligations
  • § 11B-104.1: Fines, enforcement procedures, and hearing rights
  • § 11B-106: Resale disclosure packets

Maryland condominiums are governed by a separate statute — the Maryland Condominium Act (Real Property § 11-101 et seq.). This guide covers HOAs under § 11B.

Unique to Maryland

Section 2

Attorney General dispute resolution

Maryland is one of the few states where the Office of the Attorney General plays a direct role in HOA disputes. Under § 11B-113.2, homeowners may file complaints with the Consumer Protection Division of the Attorney General's office alleging violations of the Maryland HOA Act.

What the AG's office can do

  • Accept complaints: Homeowners file written complaints alleging statutory violations
  • Investigate: The Consumer Protection Division reviews the complaint and contacts the association
  • Mediate: The AG's office can facilitate communication and mediate disputes
  • Refer to the Maryland HOA Dispute Settlement Mechanism: For disputes that qualify, the AG can refer the matter to a state-administered dispute resolution process
  • Enforce: In serious cases, the AG can take enforcement action under the Maryland Consumer Protection Act

What the AG's office cannot do

  • Award money damages to individual homeowners
  • Interpret or enforce the CC&Rs (only the statute)
  • Remove board members or overturn elections
  • Resolve purely neighbor-to-neighbor disputes

Maryland HOA dispute settlement mechanism

Maryland also maintains a formal dispute settlement mechanism for certain categories of HOA disputes. Before filing a lawsuit over specific issues (failure to hold meetings, denial of records access, improper assessment increases), a homeowner may be required to go through this process first. The mechanism provides a less expensive alternative to litigation and can produce binding decisions.

Section 3

Board meetings and open-meeting rules

Section 11B-111 establishes Maryland's open-meeting requirements for HOA boards. Board meetings must be open to all lot owners, with limited exceptions.

Reasonable notice

Board meeting notice

Written notice posted or sent to members with reasonable advance notice — typically at least 48 hours per the bylaws or declaration.

10–90 days

Notice for annual member meetings

Written notice for annual or special member meetings must be sent at least 10 days but not more than 90 days before the meeting.

Open to members

Right to attend & observe

Lot owners may attend all open board meetings and must be given a reasonable opportunity to speak during a designated comment period.

Executive session

Closed sessions for limited topics

Legal advice, pending litigation, personnel matters, individual owner violations, and contract negotiations may be discussed in executive session.

Minutes

The board must keep written minutes of all board and member meetings. Minutes must be made available to lot owners upon request. Maryland does not set a specific statutory retention period, but best practice is at least seven years.

Governance disclosure (§ 11B-106.1)

Maryland requires every HOA to provide an annual governance disclosure to all lot owners. This disclosure must include: a summary of the owner's rights and obligations under the Act, the procedures for requesting records, the dispute resolution procedures, the assessment collection policy, and the contact information for the board president and managing agent. This is one of Maryland's unique transparency requirements.

Section 4

Records and member access

Section 11B-112 gives every lot owner the right to inspect the association's books and records. Maryland's records-access provisions are detailed and frequently cited in AG complaints.

What must be available

  • The declaration, bylaws, articles of incorporation, and all amendments
  • Current rules and regulations
  • Minutes of all board and member meetings
  • Financial records: budgets, income/expense statements, balance sheets, bank records
  • Tax returns
  • Insurance policies
  • Contracts to which the association is a party
  • A membership list with lot owners' names and addresses
  • Ballots and proxies from the most recent election

Timeline

The association must make records available for inspection within 10 business days of a written request. Records must be available during reasonable business hours at a reasonable location. If the association fails to comply, the lot owner may file a complaint with the AG's office or seek a court order.

Copy charges

The association may charge a reasonable fee for copies. Maryland does not set a statutory per-page cap, but charges must be reasonable and limited to actual reproduction costs.

Section 5

Budgets, financial reporting, and reserves

Section 11B-113 requires the board to adopt an annual budget and distribute it to all lot owners.

Annual budget

The board must adopt an annual budget and provide a copy to all lot owners at least 30 days before the start of the fiscal year. The budget must include all anticipated revenues and expenditures, reserve fund allocations, and the regular assessment amount.

Financial statements

The association must prepare annual financial statements and make them available to members. The Maryland HOA Act does not mandate a specific type of report (compiled, reviewed, or audited) based on budget size, but many Maryland declarations impose specific requirements — particularly for associations in Montgomery, Howard, and Anne Arundel counties where audited financials are common.

Reserves

Maryland does not mandate reserve studies by statute for HOAs. However, the Act requires the annual budget to disclose reserve fund allocations. Many Maryland declarations — especially in master-planned communities — require reserve studies. Best practice is every 3–5 years. Given the Mid-Atlantic climate (freeze-thaw cycles, winter maintenance), reserve planning for roads, roofs, and common-area infrastructure is particularly important.

Section 6

Assessments, liens, and collection

Section 11B-115 governs assessment authority, liens, and the collection process.

Assessment authority

The board sets the regular assessment based on the annual budget. Most Maryland declarations cap annual increases at a percentage without a member vote. The Maryland HOA Act does not set a statutory cap on increases — the declaration controls.

Assessment lien

An unpaid assessment creates an automatic lien against the lot. The lien is perfected by recording a statement of lien in the county land records. Before recording, the association must send the delinquent owner written notice.

Pre-lien notice

The association must provide at least 30 days' written notice before recording a lien. The notice must itemize the total amount owed (assessments, late fees, interest, costs) and inform the owner of their right to contest the charges.

Lien priority

Maryland's HOA assessment lien has limited priority. The lien has priority over a first deed of trust for up to four months of unpaid assessments, providing a modest super-lien. This four-month priority is narrower than the six-month priority in Colorado, Nevada, and Illinois but still gives Maryland HOAs meaningful collection leverage.

Foreclosure

Maryland allows HOAs to foreclose on assessment liens. Foreclosure in Maryland may be judicial or nonjudicial (power of sale), depending on the language in the declaration. Regardless of the method, the statutory pre-lien notice must be satisfied first. Maryland's foreclosure process includes a right of redemption and court supervision of the sale.

Late fees

Late fees must be authorized by the declaration and must be reasonable. Maryland does not set a statutory cap on late fees for HOAs.

Section 7

Fines and enforcement

Section 11B-104.1 requires a notice-and-hearing process before a Maryland HOA can impose a fine or other penalty.

1

Written notice of the alleged violation

Describe the violation, cite the specific covenant or rule, state the proposed penalty, and inform the owner of their right to a hearing.

2

Reasonable opportunity to cure

The owner must be given a reasonable period to correct the violation before a fine is assessed.

3

Hearing before the board or committee

The owner has the right to appear, present evidence, and contest the alleged violation. The hearing must be scheduled with reasonable advance notice.

4

Written decision

The board delivers its decision in writing, including the reasons and the fine amount.

Fine limits

The Maryland HOA Act does not set a statutory per-violation fine cap. Amounts are controlled by the declaration and the association's adopted rules. Fines must be reasonable and proportionate.

Suspension of privileges

The association may suspend an owner's right to use common-area amenities as a consequence of violations or delinquent assessments. The same notice-and-hearing process applies.

Section 8

Board elections and voting

Elections are governed by the declaration, bylaws, and the Maryland Corporations and Associations Article.

Annual meeting

An annual member meeting is required. Notice must be sent at least 10 days but not more than 90 days before the meeting. The notice must include the agenda and identify open board positions.

Who can run

Any lot owner who is a member in good standing may run for the board, subject to qualifications in the declaration or bylaws.

Voting and proxies

Members may vote in person or by proxy. Proxies must be in writing, signed, and dated. Maryland proxies are generally valid for 11 months from the date of execution unless a different period is specified.

Quorum

The quorum for a member meeting is set in the bylaws. If not specified, Maryland law defaults to the presence of lot owners entitled to cast at least one-third of the total votes — a relatively high default compared to other states.

Removal

A director may be removed with or without cause by majority vote at a meeting called for that purpose, with advance notice to all members.

Section 9

Resale disclosure packets

Under § 11B-106, when a lot in a Maryland HOA is sold, the seller must provide the buyer with a resale disclosure packet. This is one of Maryland's most important consumer-protection features.

What the packet must include

  • The declaration, bylaws, rules, and architectural guidelines
  • The current budget and most recent financial statements
  • A statement of the assessment amount and any outstanding balances
  • A description of any pending special assessments
  • Capital expenditure anticipated within the next two years
  • The current reserve fund balance
  • A statement of pending litigation
  • Insurance coverage summary
  • The governance disclosure statement

Timeline and fees

The association must deliver the resale packet within a reasonable time after a written request. Most Maryland practices require delivery within 10–15 business days. Fees must be reasonable and are typically capped by the declaration or local custom.

Buyer's right to cancel

The buyer has the right to cancel the contract within 5 days of receiving the resale packet if the packet reveals information materially different from what was represented. This right incentivizes accurate, timely packet preparation.

Section 10

Flags, solar panels, and other protected rights

Flags (§ 11B-111.8)

The U.S. flag, Maryland state flag, and military service-branch flags may be displayed. The HOA may adopt reasonable rules on size, flagpole height, and placement but cannot prohibit display.

Solar panels (§ 2-119 Environment)

Maryland law limits HOA restrictions on solar energy systems. The HOA may adopt reasonable aesthetic guidelines but cannot prohibit installation or impose conditions that significantly increase cost or reduce efficiency.

EV charging

Maryland has enacted protections for EV charging station installation. The HOA may set reasonable standards but cannot prohibit installation outright in an owner's designated space.

"For sale" signs (§ 11B-111.7)

Lot owners may display reasonable "for sale" signs. The HOA may regulate size and placement but cannot prohibit display.

Political signs

Maryland law permits political signs during election season. The HOA may limit the number and size but cannot ban them entirely.

Satellite dishes (FCC OTARD rule)

Federal law preempts HOA restrictions on satellite dishes under 1 meter installed within the owner's exclusive-use area.

Section 11

Maryland HOA board compliance checklist

Run through this list at every board transition and the start of each fiscal year.

1

Declaration, bylaws, and articles centrally stored and accessible

Including all recorded amendments and current rules.

2

Board meeting notices sent with reasonable advance notice

10–90 days for annual/special member meetings. Include an agenda.

3

Written minutes of every board and member meeting

Available for member inspection. Retain at least 7 years.

4

Annual budget distributed at least 30 days before fiscal year start

With assessment amounts and reserve fund allocations.

5

Annual governance disclosure (§ 11B-106.1) distributed to all members

Rights summary, records procedures, dispute resolution, collection policy, board contacts.

6

Records available within 10 business days of written request

§ 11B-112: copies at reasonable cost.

7

30-day pre-lien notice sent before recording any assessment lien

§ 11B-115: itemized balance, right to contest.

8

Fine process follows the § 11B-104.1 notice-and-hearing procedure

Written notice, opportunity to cure, hearing, written decision.

9

Elections held per bylaws with proper notice and proxy procedures

10–90 day notice, proxies valid 11 months, one-third default quorum.

10

Resale disclosure packets delivered within 10–15 business days

§ 11B-106: declaration, budget, financials, balances, reserves, litigation, insurance.

11

Protected rights not being restricted

Flags, solar panels, EV charging, for-sale signs, political signs — verify no active enforcement.

12

4-month super-lien awareness for collections

§ 11B-115: 4 months of assessments have priority over first deed of trust.

13

AG dispute process awareness — board understands the mechanism

§ 11B-113.2: homeowners can file complaints with the Consumer Protection Division.

14

Reserve study conducted (best practice even though not required by statute)

Especially important for Mid-Atlantic communities with freeze-thaw cycle infrastructure.

HOA Base for Maryland Associations

Software built around the MD HOA Act — not retrofitted for it

The 14 items on the compliance checklist above are the daily work of a Maryland HOA board. HOA Base handles each with audit trails, statutory deadlines, and records retention built in.

AG dispute-ready audit trail

Every meeting notice, fine hearing, records request, and board vote is logged with timestamps. If the AG's office investigates, the documentation is already organized.

Governance disclosure automation

HOA Base generates the § 11B-106.1 annual governance disclosure with the rights summary, procedures, and contact info — distributed to every owner automatically.

30-day pre-lien workflow

The § 11B-115 notice is generated from the live ledger with itemized balances, contest rights, and a 30-day countdown visible to the board.

Fine hearing workflow

Document violations, send the notice, track the cure period and hearing, and record the written decision — per the § 11B-104.1 procedure.

Member portal & 10-day records

Governing documents, budgets, and minutes available 24/7 in the member portal. The 10-business-day SLA for formal records requests is tracked automatically.

Resale packet automation

When a title company requests a resale packet, HOA Base assembles it from live data — balances, governance disclosure, reserves, insurance — with the SLA tracked.

See HOA Base for Maryland HOAs

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FAQ

Frequently asked questions about Maryland HOA laws

Run a Maryland HOA that stays on the right side of the MD HOA Act.

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