Hooker v. Autumn Hills Homeowners Association, Inc.
Waldorf, Charles County · MD · Maryland Court of Special Appeals (unreported)
Member win · hearings
What happened
Betty and David Hooker received HOA approval (2016) to build a rear fence in Autumn Hills (Waldorf, Charles County). After construction (2018), the HOA claimed encroachment on common area/forest easement. Counsel letters demanded relocation and later threatened $25/day fines, but did not give Declaration Art. VII § 7.16 notice (specific violation, hearing right, acknowledge-and-cure option). The HOA sued; the circuit court eventually assessed about $22,200 in fines plus ~$17,418 attorney's fees and an injunction. On appeal, the Court of Special Appeals reversed (Apr. 27, 2022), holding fines and fees improper because the HOA failed its own hearing/notice procedures and did not prove fee reasonableness.
What the court (or agency) held
Unreported opinion: the circuit court abused its discretion in awarding roughly $22,200 in fines (plus attorney's fees) where the HOA failed to follow Declaration Art. VII section 7.16 procedures—written notice of the specific violation, opportunity for a hearing, and the option to acknowledge and cure—and where fee reasonableness was not shown under Maryland standards. Judgment reversed; costs to the association.
Why this matters for members
Fine letters that skip covenant-required hearing/notice content cannot support large daily-fine judgments. Even if prevailing, associations must prove fee reasonableness with Monmouth-type factors—not invoices alone. Unreported: limited citation value under Md. Rule 1-104.
What the member did
Showed Declaration hearing, notice, and fine-disclosure procedures were not followed and challenged reasonableness support for fees.
Questions for the board
- Do our fine notices include every element required by the declaration (specific violation, hearing request rights, cure acknowledgment, fine amount/start)?
- Before filing suit for fines, can we show the covenant process was followed and documented?
- When seeking fees, what evidence of reasonableness do we prepare beyond raw invoices?
Questions for a lawyer
- How does Maryland treat unreported HOA fine opinions, and what reported authorities control notice/hearing prerequisites?
- What record is needed to challenge fine calculations and fee awards on abuse-of-discretion review?
- If a fence approval was granted then later called an encroachment, what survey/estoppel issues arise?
Citation
Hooker v. Autumn Hills Homeowners Association, Inc., No. 0264, Sept. Term 2021 (Md. Ct. Spec. App. Apr. 27, 2022) (unreported; Md. Rule 1-104) (2022-04-27). Maryland Court of Special Appeals (unreported). Outcome chip: UNREPORTED — do not overclaim. Flags: unreported. Source: https://www.courts.state.md.us/sites/default/files/unreported-opinions/0264s21.pdf
_General information, not legal advice. Outcomes turn on facts and current law._
General information, not legal advice. Outcomes turn on facts and current law.