Gardner Law Firm, P.C.

In most cases, an HOA’s governing documents give the HOA the duty to enforce the restrictions, rules, covenants, and regulations. The powers of specific HOAs can vary. It is common for HOAs to use fines on homeowners for rule violations and to enforce the rules and restrictions they have set in place. They also have the ability to use internal resources to gain compliance and file legal actions if no other actions have worked.

The rights of a condo owner are explained in the governing documents of ownership for that specific condo, as well as in the Maryland Condo Owner Act. There are 14 rights listed in the documents, some of which include the right to: • Review and comment on the proposed annual budget • Be notified of any alleged rule violation • Nominate one’s self or any other person to be a member of the board • Use condominium common elements • Be informed of increases in excess of 15% of budgeted amounts

This might be the case. The party designated responsible for paying fees might be listed in the contract. Maryland addresses the issue in the following manner: If the court rules against you, the court could order you to pay the attorneys’ fees and costs for the condo within reason. The court will decide what fees and costs are reasonable, based on a list of factors. The opposite is also true and if rules state, the “prevailing party” is entitled to be compensated and if you win, you are entitled to ask for those expenses.

Who can access common elements in a condo depends on the element and the condos governing documents. Chances are whether or not an owner can use a common element while a unit is being rented will be listed in the Declaration of Covenants, Conditions, Restrictions, & Easements (CC&R). Some developments also contain exclusive common elements. This document will designate whether an element is available for use by whom and when.

Yes. Someone renting a condo has the same rights as the unit owner does, even while living in their community. Though condo boards sometimes deny and restrict renter rights or try to apply stricter rules and regulations for renters, their actions will not be enforceable. Complaints against renters must be taken up with the condo owner and owners are responsible for screening renters before allowing access to the unit.

If one spouse was dependent on the other during marriage the dependent spouse can file for alimony. When awarding alimony, the court considers the filing spouse’s financial need and the other spouse’s ability to pay. Other considerations include standard of living established during the marriage, length of the marriage, earning abilities of both spouses after divorce, and time needed for the dependent spouse to gain education or training to become employable.

Yes. At-fault grounds are permitted in Maryland. This means that if a spouse filing for divorce wishes to do so, he or she can inform the court that the non-filing spouse committed adultery, deserted the marriage, was cruel or vicious, or developed insanity or was convicted of a crime. The court has the power to take these factors into consideration when ruling regarding child custody and division of marital assets.

Maryland grants both fault and no-fault divorces. In a no-fault divorce, you must be separate for at least a year and list that separation as your grounds for divorce. At-fault grounds include: • Cruelty or excessively vicious conduct • Desertion • Permanent and incurable insanity • Adultery • Conviction of a crime Allowing fault grounds for divorce is relevant because Maryland courts might be inclined to award child custody and/or split assets in favor of the spouse who is not at fault. This is especially true when cruelty or vicious behavior is at issue.