What are the Maintenance Responsibility for Limited Common Elements in Maryland?

Question:

What do you do when the Board of Directors make the homeowners pay for repairs and replacements of limited common elements?

Homeowners are being told that they own the limited common elements and individual homeowners. This is in violation of our Master Deed and By Laws, but I can’t find where I can report such actions.

Thank you.

– Elner

 

Answer:

Hi Elner,

The maintenance of limited common elements typically falls under the HOA’s responsibility unless your declaration states otherwise. In your case, you could try bringing the issue to your Board of Directors. If you can’t reason with them, you can file a complaint with the Office of Maryland Attorney General by calling 1-410-528-8662. You may also submit a complaint online through their website: http://www.oag.state.md.us/Consumer/complaint.htm.

Alternatively, you may also file a lawsuit against your HOA for breach of covenant. It is best to consult an attorney if you want to pursue this route.

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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