If you own a condo unit, § 11-115 is short but real: you can make improvements inside your own unit as long as they don't impair the structure or mechanical systems, but you "may not alter, make additions to, or change the appearance of the common elements, or the exterior appearance of a unit or any other portion of the condominium, without permission of the council of unit owners." That's the entire statutory architectural framework, there's no committee structure, no review timeline, and no design standards written into the Condominium Act itself. Whatever standards, process, or appeal you actually get comes from your declaration and bylaws, but any rule the council formally adopts to apply that permission requirement has to go through § 11-111's mailed-notice, comment-period, and open-meeting vote, and a fine for violating it has to go through § 11-113's hearing process.
If you own a lot in an HOA, Title 11B doesn't have a § 11-115 equivalent at all, no architectural-control section exists in the Homeowners Association Act. An HOA's architectural review committee, if one exists, has power only because the recorded declaration created it, since § 11B-101(d) defines "declaration" as the sole instrument that establishes an HOA's authority in the first place. There is no statewide statute in this act granting, limiting, or setting a process for architectural control over a Maryland subdivision lot.
Test the committee's authority before you test its judgment
Whichever act covers you, the first real question isn't whether your project is attractive, it's whether a recorded document actually gives anyone the power to say no. For condos, trace any standard the committee cites back to a rule properly adopted under § 11-111; a standard invented on the spot, or never distributed the way the statute requires, is weak ground for a denial. For HOAs, since there's no state architectural statute to fall back on, the declaration is the entire ballgame: if it's silent or vague on exterior control, the committee's authority is on much shakier footing than it might present itself as having. If your county runs a homeowners association commission under § 11B-104(c), that's a possible venue to raise the dispute outside your own board.
The authority
The statutes behind this
Cited by name as authority, for your own reading. Informational only, not legal advice.
Md. Code Ann., Real Prop. § 11-115
Requires council permission before a condo unit owner changes the appearance of the common elements or a unit's exterior — the entire statutory architectural-control provision for condos.
Md. Code Ann., Real Prop. § 11-111
Requires any rule the council adopts, including an architectural standard, to go through mailed notice, a comment period, and an open-meeting vote, with a 15%-petition override available afterward.
Md. Code Ann., Real Prop. § 11B-101
Defines the HOA "declaration" as the sole source of the association's authority, since Title 11B has no dedicated architectural-review section of its own.
Md. Code Ann., Real Prop. § 11B-104
Allows certain Southern Maryland counties to create a homeowners association commission that can hear architectural and other enforcement disputes, including through binding arbitration.
Step by step
How to appeal an architectural review denial in Maryland
Steps to challenge a Maryland condo or HOA architectural denial by testing whether the standard and the committee's authority actually trace back to a recorded document.
- 01
Pin the denial to a recorded provision
Ask, in writing, exactly which clause of the declaration, bylaws, or recorded rules your project supposedly violates. A denial that can't point to a recorded standard is weak on its face.
- 02
For condos, confirm the standard was adopted as a § 11-111 rule
If the standard the committee cited was never mailed to owners, opened for comment, and voted on the way § 11-111 requires, it may not be enforceable as written.
- 03
For HOAs, check whether the power exists at all
Since Title 11B has no architectural-control section, confirm the declaration actually grants the committee authority over the specific feature at issue. Silence in the declaration is a real defect, not a technicality.
- 04
Gather comparable approvals
Photograph and date similar projects the committee approved elsewhere in the community. Inconsistent decisions strengthen a challenge; see the selective-enforcement guide.
- 05
Appeal in writing and escalate if needed
Resubmit citing the specific defect and your comparables. Condo owners facing an attached fine can invoke the § 11-113 hearing; HOA owners can check whether their county runs an § 11B-104(c) commission.
Straight answers
Common questions
Does Maryland law set standards for what my HOA or condo committee can deny?
Not really. Section 11-115 requires council permission for exterior changes to a condo unit but doesn't set design standards, and the Homeowners Association Act has no architectural-review section at all. The actual standards come from your declaration and bylaws.
Does Maryland protect solar panels, flags, or EV chargers from an HOA ban?
Not in the Condominium Act or Homeowners Association Act as written. Unlike some states, these two acts don't carry a specific carve-out for solar devices, flags, or EV charging stations, so don't assume a state statute will override your declaration on those points the way it might elsewhere.
What if my HOA's architectural review committee never had a formal process to begin with?
That's a real defect. Because Title 11B has no state architectural-control statute, an HOA's committee has power only to the extent the recorded declaration actually grants it. If the declaration is silent or vague, say so directly in your appeal.
My neighbor did the same thing and wasn't stopped. Now what?
That's the classic selective-enforcement fact pattern. Document the approved comparables with dates and addresses and raise the inconsistent application on appeal; see the selective-enforcement guide for how to build that case.