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What are some examples of condominium disputes in Maryland?

Examples of Maryland condominium disputes include condominium/property line disputes (such as quiet title/adverse possession, easements issues, and border disputes), common elements disputes, liability disputes (such as trespass, tree dangers, and damage), and specific condominium ownership disputes (such as probate disputes and contract disputes ). Generally, Maryland condominium disputes are very specific, and these disagreements can include various types of law.

What is a Maryland condominium dispute?

Maryland condominium ownership dispute generally eman ate from issues concerning either contracts related to condominium ownership or the bequeath of condominium ownership rights to different parties. In Maryland, to enter into a contract for the transfer of Maryland real property (including condominiums), the agreement must be in writing. Despite this seemingly legal requirement, many property disputes or common elements disputes are the result of contracts to transfer title of a real estate, common elements, condo or property to another party. These Maryland property ownership disputes or common elements disputes are often addressed in the Maryland Circuit Court (such as the Montgomery County Circuit Court in Rockville, MD). Similarly, parties in Maryland often condominium disputes which individuals are the legal owner of a condominium after a property owner has died. In these types of Maryland condominium ownership disputes, the parties often will litigate the intent of the decedent regarding the ownership of their property interest following the party’s passing. These specific Maryland condominium dispute are generally disputed within the Maryland Orphan’s Court or the Maryland Circuit Court.

What are the property disputes in Maryland?

Maryland condominium property line disputes often emanate from property-based disagreements between adjoining condo neighbors about shared condominium boundaries or common elements boundaries. Many of these neighbor condominium line disputes in Maryland result from a lack of realization regarding the accurate and true property lines between condominiums. Sometimes these types of Maryland condominium dispute stem from construction disputes. Often, adjoining Maryland condominium owners/occupiers assume the validity of a visual property condominium line (such as a condo wall, fence, or landscaping, such as trees) that are actually inaccurate according to the true Maryland property records. These Maryland condominium disputes can arise between condominium neighbors that have lived for years with differing understandings related to the true condominiums’ boundary line. In many cases, legal action can be used to enforce the accurate Maryland condominium boundary lines in Maryland Circuit Court System (such as the Montgomery County Circuit Court in Rockville).

What is adverse possession in Maryland?

In Maryland, an action for adverse possession regarding a condominium is the legal action where an individual who is not the actual owner of a condominium (1) can use to obtain a true title to that particular condominium, common element, or any property by the passage of 20 years through their own possession of that particular real estate, ...

What does an attorney do for a HOA?

Your attorney can also keep you informed of changes in the laws and give you advice on how to handle matters as they come up. HOA's have responsibilities to maintain the common areas of your community and make repairs, but they don't have the rights to infringe on your freedom and personal life.

What to do if you are fined by your homeowners association?

If you have been cited, fined, want to sue your homeowners' association or your homeowners' association has filed a lawsuit against you, then you should contact a HOA attorney. While it is unpleasant to be in a dispute with your association, it is quite common. The attorney is knowledgeable about HOA dispute matters and state laws.

How Association's Work?

The association is a governing body that runs your planned community or condominium building. They association has a board of directors. Residents are elected to serve in positions such as President, Secretary and Chief Financial Offer or Treasurer. The association's bylaws and CC&R's set forth the rules and regulations. The association documents must comply with state and local laws. The association receives funds from the homeowners in the form of dues, fines, penalties, interest and assessments. Some associations are stricter in enforcing rules and regulations than others. Associations conduct meetings, vote on matters and have the responsibility of maintaining the common area grounds and amenities. Generally, before your association can fine you, you are given an opportunity to defend yourself in a hearing or meeting. Although some homeowners associations have been known to file a lawsuit without giving notice to the homeowner accused of violations.

How to resolve a dispute with a HOA?

Hire an Attorney. If you are involved in a dispute with your HOA, you should hire an HOA attorney to assist you. HOA matters can become heated and emotional, so it is best to have an experienced attorney handle the negotiations and resolve the dispute for you.

Can you sue a homeowner association without giving notice?

Although some homeowners associations have been known to file a lawsuit without giving notice to the homeowner accused of violations.