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301-409-5316

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Gaithersburg, MD HOA Attorneys

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Lawyers Representing Property Owners and Homeowners Associations in Gaithersburg, Maryland

Homeowners associations serve as the governing structures for many residential communities. These associations play an important role in maintaining neighborhood standards, managing common areas, and creating a consistent framework for property use. Despite the value HOAs can provide, conflicts and complications often arise regarding the enforcement of rules, interpretations of governing documents, and the collection of fees or assessments. Both homeowners and HOA boards may need to address legal concerns or disputes.

The attorneys at Fox & Moghul provide comprehensive guidance for the parties involved in community association matters. We work to reduce uncertainty for our clients and promote stable, lawful governance. Our attorneys understand the unique challenges that HOAs face in managing communities, as well as the concerns of homeowners who want to ensure fair treatment while protecting their property rights. Through clear communication, careful interpretation of governing documents, and strategic problem-solving, our lawyers support clients in navigating the full spectrum of HOA-related legal issues that may arise.

Our high level of knowledge and experience in legal matters involving real estate is reflected in the awards and recognitions we have received. Our attorneys have been honored by Super Lawyers, and we have been named among America's Top 100 Civil Defense Litigators. We also serve as educators, making sure other attorneys and legal professionals have the knowledge needed to address issues related to real estate law. Our team has published informative articles and led CLE seminars, including a seminar on the topic of "Boundary Issues and Easement Law" that featured Attorney Terry Fox as a speaker.

Establishing and Strengthening HOA Governing Documents

A functioning HOA relies on clear, enforceable governing documents. These may include declarations, covenants, conditions, restrictions, bylaws, and rules that outline the rights and obligations of both the association and its members. When these documents are vague, outdated, or improperly drafted, the likelihood of disputes increases significantly. We can assist with:

Development and Amendment of Bylaws

Bylaws serve as the operational foundation of an HOA. They define voting procedures, meeting requirements, board roles, and processes for rule enforcement. Our attorneys assist associations with drafting new bylaws during the formation of a community or reviewing existing bylaws to ensure they comply with Maryland's Homeowners Association Act and other relevant statutes. When amendments are needed, we can help boards prepare revisions, meet procedural requirements for approval, and implement changes as needed.

Interpretation of Declarations and Covenants

Declarations and covenants can establish long-term restrictions related to architectural standards, property maintenance, leasing, use of common areas, and the appearance of a community. When disagreements arise between homeowners and HOAs, our lawyers can help to clarify ambiguities and ensure that decisions align with state law and the wording of the documents. This guidance helps prevent inconsistent enforcement and reduces the risk of claims that rules are being applied unfairly.

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Support for Board Elections and Internal Governance

The election of board members is an essential process for any HOA, as the board is responsible for carrying out the association's duties, adopting rules, and managing financial matters. Improper elections or internal conflict can undermine an HOA's authority and harm community stability.

Ensuring Proper Election Procedures

Our attorneys work with HOA boards to ensure that elections are held in accordance with their bylaws. We can review notice requirements, quorum rules, proxy voting procedures, ballot formatting, and recordkeeping obligations. We can also provide guidance on how to handle disputes involving the qualifications of candidates, tie votes, or allegations of procedural violations.

Guidance on Board Authority and Responsibilities

Board members may be unfamiliar with the limits of their authority or their fiduciary duties. Our lawyers help associations understand what actions fall within their lawful powers and how to make decisions that comply with governing documents. This guidance can prevent costly litigation and maintain the integrity of board operations.

Addressing Rule Violations and Enforcement Actions

Enforcement of community rules is one of the most common sources of conflict within an HOA-governed community. While associations must protect neighborhood standards, enforcement actions must be lawful, consistent, and supported by proper procedure.

Notices of Violation and Penalties

When a homeowner is alleged to have violated HOA rules, such as by failing to maintain property, making unapproved exterior changes, or engaging in prohibited activities, the association must issue proper notice before imposing penalties. Our attorneys can help HOAs prepare compliant notices and conduct hearings that respect due process requirements. We also represent homeowners who believe they have been unfairly cited, helping them contest penalties or negotiate resolutions.

Collection of Fees, Assessments, and Fines

Financial stability is essential for HOAs, and the timely collection of dues, assessments, and penalties enables associations to maintain common areas and provide community services. However, disputes often arise over the validity, amount, or enforcement of assessments. Our lawyers assist HOAs with:

  • Establishing lawful collection procedures
  • Pursuing unpaid assessments
  • Determining when fines may be imposed
  • Filing liens when appropriate and permitted by law

When representing homeowners, our attorneys will evaluate whether charges were authorized and properly calculated and whether the HOA followed the required procedures.

Disputes Between Homeowners and HOAs

HOA-related conflicts can be highly personal, and they may escalate quickly without careful legal guidance. The attorneys at Fox & Moghul work to resolve disputes efficiently, providing representation for both homeowners and associations.

Architectural Review and Modification Disputes

Many communities require approval before homeowners can make exterior changes. Disputes may arise when approval is denied or when a homeowner believes the HOA is applying standards inconsistently. Our lawyers can evaluate governing documents, review decision-making procedures, and find practical resolutions that will protect homeowners' property rights while maintaining community standards.

Enforcement of Community Standards

Conflicts may emerge when homeowners believe an HOA is selectively enforcing rules, failing to enforce rules against other members, or enforcing restrictions that are not authorized by governing documents. Our attorneys can help homeowners challenge improper enforcement, and we can work with HOAs to ensure consistent and lawful rule administration.

Use and Enjoyment of Property

Some disputes may involve restrictions on leasing, parking, storage, noise, pets, or other aspects of daily living. Our lawyers help clients determine whether these regulations are valid, enforceable, and applied appropriately.

Governance and Transparency Concerns

Homeowners may challenge actions taken by the board, such as the approval of budgets, the use of reserve funds, contract awards, or decisions made without appropriate notice or membership involvement. Our attorneys can provide legal insight to resolve concerns before they escalate into litigation.

Mediation and Litigation

When disputes cannot be resolved informally, our lawyers can represent clients during mediation, arbitration, or court proceedings. We will develop strategies that will protect our clients' long-term interests while working to resolve disputes efficiently.

Contact Our Gaithersburg HOA Lawyers

Whether you are a homeowner who needs to address an unfair enforcement action or an HOA board seeking legal guidance that will support community operations, Fox & Moghul can provide the legal support needed to address HOA-related matters effectively. Our lawyers understand the complexities of community association laws and related real estate laws, and we are prepared to help you navigate issues related to governance, enforcement, and dispute resolution. Contact our Gaithersburg, MD homeowners association attorneys at 301-409-5316 to schedule a consultation.

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