Which documents and laws govern our HOA?
The following hierarchy of statutory laws and governing documents govern our HOA, with the former taking precedence over the latter in cases of conflict.
- Federal laws
- The main relevant federal law is the Fair Housing Act
- State laws
- The main relevant state law is the Maryland HOA Act
- County laws
- HOA Governing Documents
- Articles of Incorporation – generally define why and how the HOA exists
- Declaration of Covenants, Conditions, and Restrictions (CC&Rs) – where members can find most of the restrictions regarding their properties (e.g., architectural requirements)
- Bylaws – describes how the HOA conducts business (e.g., meeting requirements, officer roles, Board elections)
- Board Rules & Regulations – additional rules established by the Board, in accordance with Article XIV of the CC&Rs
How can the governing documents be amended?
Different amendments require different votes, ranging from a majority of the Board to 60% (~461) of the entire membership. Unless a special meetings is called, member votes take place at the annual meeting.
- Articles of Incorporation – Affirmative vote of members in good standing having at least 60% of the votes
- CC&Rs – Affirmative vote of members in good standing having at least 60% of the votes
- Bylaws – Affirmative vote of a majority of a quorum (10%) of members
- Board Rules & Regulations – Affirmative vote of a majority of a quorum (3) of the Board
Due to the associated costs (e.g., legal review, mailing, and County fees), major amendments typically go through an informal polling process before reaching an annual meeting ballot.