Maryland guide
Maryland HOA document review
Maryland governs planned-community HOAs under a separate statute from condominiums — the Homeowners Association Act (Md. Real Prop.
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§11B-101 et seq.) — so the resale and cancellation rules differ in ways buyers frequently misunderstand. Where a condo buyer gets a 7-day cancellation right under §11-135, an HOA lot buyer gets a 5-day right under §11B-106, plus a 3-day right if mandatory fees rise more than 10%. The reserve-study and funding mandates (HB 107 / HB 292) apply to HOAs that maintain common areas above a $10,000 component threshold, so amenity-heavy associations face the same funding pressure as condos. The core discipline is reading the §11B-106 package and the funding plan against the specific common elements the HOA maintains.
A separate statute from condos
The Homeowners Association Act (§11B-101 et seq.) governs developments with a recorded declaration imposing mandatory fees on lots. It is not the Condominium Act, and a document reviewer must first correctly classify the community before applying the right rules. The resale disclosure (§11B-106), records and meeting rights (§11B-111, §11B-112), reserve requirements (§11B-112.2, §11B-112.3), and assessment liability (§11B-117) are all HOA-specific. The practical difference from a condo is the scope of common elements: an HOA may maintain roads, drainage, perimeter walls, and amenities rather than building structure.
The §11B-106 disclosure and 5-day cancellation
The seller must provide the required HOA information — governing documents, current dues and the mandatory fee schedule, and rules — at or before signing, or within 20 calendar days of entering the contract. If the buyer did not receive all required information at least 5 days before signing, the buyer has 5 calendar days after receiving it to cancel in writing, without stating a reason. If the seller notifies the buyer that mandatory fees will exceed the previously stated amount by more than 10%, the buyer has 3 calendar days to cancel after that notice.
Reserves for amenity-heavy HOAs
HB 107 and HB 292 apply to HOAs that maintain common areas where component costs total at least $10,000; very small HOAs below that threshold are exempt. Master-planned and amenity-rich Maryland HOAs carry pools, clubhouses, paths, gates, and landscaping with significant long-term capital needs that must now be funded to the study's recommended level. Confirm the reserve study reflects those components and that the funding plan is on track to avoid catch-up special assessments.
Maintenance responsibility and assessment authority
Read the declaration and bylaws to confirm what the association maintains versus what the owner maintains, since misunderstood maintenance lines are a common source of surprise costs. Maryland imposes no statutory cap on regular assessment increases, and HB 107 lets the board raise assessments to fund mandatory reserves even past a bylaw cap. Read the budget and minutes to understand the trajectory of dues and any planned assessments.
Maryland legal references
- Md. Real Prop. §11B-106 — HOA resale disclosure; 5-day and 3-day cancellation rights
- Md. Real Prop. §11B-112.3 — HOA reserve study requirement (HB 107)
- Md. Real Prop. §11B-117 — Liability for assessments and HOA liens
Informational only. Not legal advice. Always confirm against current statute and counsel.
Need help applying these Maryland statutes to your specific situation? We can connect you with state-licensed counsel and specialists familiar with this exact regulatory environment.
Find a Maryland specialist →Reviewer's checklist
- Confirm the community is an HOA (not a condo) so the right §11B rules apply
- Confirm the §11B-106 disclosure package is complete and note the delivery date
- Preserve the 5-day cancellation right (and the 3-day fee-change right)
- Read the declaration for maintenance responsibility — association vs owner
- Review the reserve study for amenities — pools, clubhouses, roads, gates, landscaping
- Request the funding plan and confirm whether the HOA is in its catch-up window
- Read the prior years of minutes for assessment and repair discussion
- Confirm the mandatory fee schedule and any planned fee increases
- Check for rental, architectural, and ADU/solar rules under recent 2025 changes
- Request a statement of any pending litigation or special assessments
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Related risk areas
Read these next to round out your due diligence
Reserve studies
A reserve study tells you what the association expects to spend on long-term capital repairs and replacements, and whether it is funding those obligations adequately.
Special assessments
Special assessments are the single largest source of financial surprise in condo and HOA ownership.
Governance risk
An association's governance health is a leading indicator of every other risk.
FAQ
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Upload condo or HOA documents for a free risk review. We read reserve studies, budgets, meeting minutes, insurance summaries, and assessment exposure — every finding linked to the exact page.
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Need a real estate lawyer or mortgage specialist?
We can connect you with vetted real estate lawyers, mortgage brokers, and insurance brokers familiar with the specifics of condo and HOA transactions.
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