Changing bylaws, how does that affect prior home purchases?

Question:

Do we have to go to county or state to change by laws? If we change them, how does that affect prior home purchases?

Kent

 

Answer:

Hi Kent,

In Maryland, you don’t typically need to record amendments to the bylaws with the county or state. A homeowners association only usually does this for any changes to the declaration or CC&Rs.

As for applying amendments retroactively, experts disagree on this. Some believe that owners should understand that buying into an HOA community means having to follow the rules, even rules that may not yet exist. Others say that you can’t enforce a rule or bylaw retroactively.

Since the area is a tad gray, I recommend talking to a lawyer with experience in dealing with HOAs.

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