Montgomery County Council considers bill to empower homeowners against HOA restrictions

Montgomery County's legislative agenda for 2025 is taking shape as council members discuss two significant bills aimed at enhancing housing options and homeowner rights.

The first bill focuses on accessory dwelling units (ADUs), proposing to nullify any homeowner association (HOA) restrictions that prevent their use. If passed, this legislation would apply retroactively, potentially allowing existing properties to add ADUs without HOA interference. However, concerns were raised about the bill's implications, particularly regarding fee assessments for properties with multiple residences. Council members indicated that amendments would likely be introduced to clarify these issues, including the need for two fees if an ADU is present. The county executive has expressed opposition to this bill, prompting some council members to suggest holding off on a vote until further information is available, especially in light of anticipated state legislation on ADUs.

The second bill aims to strengthen the rights of homeowners within common ownership communities, such as HOAs and condominiums. Key provisions include requiring HOAs to provide meeting materials upon request, ensuring independent oversight of elections, and preventing discrimination in payment methods. Additionally, the bill seeks to protect homeowners from losing access to community amenities if they continue to pay their dues during disputes. The county executive supports this legislation, and council members expressed a strong desire to improve the governance of HOAs, which often face scrutiny from residents.

While both bills address critical community needs, council members are cautious about potential legal ambiguities and the practical implications of the proposed changes. A consensus emerged to hold off on a final decision until further amendments and clarifications can be made, ensuring that the legislation effectively serves the interests of Montgomery County residents. As discussions continue, the council remains committed to fostering a more equitable housing environment and enhancing homeowner rights in the county.