How often should HOA Bylaws of a housing development be updated?

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How often should HOA Bylaws of a housing development be updated? We are a new section being governed by Bylaws of the old section that are dated 1991 and they seem to be in violation of themself because everything it states you can't have exists in almost every home. Can they really sue you if you put up something that the Bylaws state you can't have like a shed, when there is a shed in every home? They have made no changes to the Bylaws but seem to think they can still govern by them when like I said everything the Bylaws state won't be allowed exists.

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I did understand your response; however, let's say the Bylaws state clearly NO Sheds Allowed (these are 1991 bylaws); however, now every single house in the development has a shed, if someone moves in and erects a shed can they be made to tear it down?

As I note above, there is no clear answer to that. The homeowner can say that based on what they saw around them they reasonably believed they could build a shed. But, if the HOA bylaws say that no matter what the HOA does or doesn't do about enforcing rule, the HOA does not waive any of its rights to enforce the rules, then the HOA may succeed in having the homeowner tear it down.

Rarely are there clear cut yes or no answers in law, particularly where the matter involved is a civil matter, not a criminal law. That is what makes the US legal system terrific, and frustrating at the same time.

PLEASE NOTE: Responses here are for information/education only, NOT legal advice and do not form attorney-client relationship! Only licensed attorneys you hire in your state can provide legal advice.

Reply to Jane T's Post: Just one more question, let's say the pursue taking the person to court, can selective enforcement be used as a defense to countersue if they have facts to support the another homeowner in the same development as also erected a same such shed (one that is larger) and the HOA grandfathered it in but the bylaws declaration still states No Sheds allowed.

That, I am sorry to say, may or may not succeed.

Even if the HOA does not state that a waiver of the HOA of one violation does not mean they give up their rights to enforce the rules for another homeowner, the HOA could still succeed. For example, if the HOA followed Bylaw regulations which allow them to "grandfather" or make any decisions they like for whatever reasons they like, then they will likely be able to have the shed torn down.

However, if the homeowner can show that there is some kind of discrimination, based on race, ethnicity, gender, age, religion, or other protected classification, then the homeowner may be able to succeed because a court (an instrument of state law) will not enforce a discriminatory action, even if it is taken by a private entity.

HOA must have public meetings in MD (you can review the MD HOA Act at http://www.dsd.state.md.us/comar/Annot_Code_Idx/RealPropIndex.htm#Title%2011B). You can, if you choose, bring this matter up to the HOA.

PLEASE NOTE: Responses here are for information/education only, NOT legal advice and do not form attorney-client relationship! Only licensed attorneys you hire in your state can provide legal advice.

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How often should HOA Bylaws of a housing development be ...

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