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Covenant enforcement -- in any state -- is the responsibility of the association's board of directors.

You can find the process in the Bylaws under Enforcement.

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Who enforces the covenants?

In an association of a common interest community, whether co-op, HOA or condominium, the governing documents provide a process for covenant enforcement. Usually, covenants are enforced by the board. There is no standard process.


How do you make changes in a HOA covenant?

Read your governing documents to determine the process required to amend your CC&Rs -- covenants. Usually, amendments are drafted by association counsel -- a good idea is to gain verbal approval from the required number of owners in advance of commissioning the amendment -- then announced to the membership and voted on by them.


How do you change a clause in a HOA covenant?

Each document details the process to amend or change or modify it. Best practices dictate that you work with an attorney to change any covenant contained in the association's governing documents.


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The association counsel that filed the lien for the association can answer your question.


What actions by an HOA in Maryland qualify as proceedings to enforce a lien or collect a debt for unpaid HOA assessment?

Actions such as sending collection notices, filing a lawsuit, obtaining a judgment, or initiating foreclosure proceedings against a property would likely qualify as proceedings to enforce a lien or collect a debt for unpaid HOA assessments in Maryland. Any action taken by the HOA that aims to recover unpaid assessments through legal means can be considered part of the enforcement process.


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