Public Nuisance

By Nicole A. Williams, Esq.

In today’s real estate market we are seeing an unprecedented number of foreclosure sales. The rise in foreclosure sales have resulted in a large number of vacant properties as lenders attempt to locate new purchasers. Because of the judicial process and the large volume of foreclosures, many lots and units remain unoccupied for extensive amounts of time. These vacant properties can attract unwanted guests and suffer from neglect thus creating a public nuisance.

Most association’s governing documents will contain a provision requiring owners to maintain their property in a clean, orderly and neat manner. Some documents will specifically prohibit the accumulation of trash and will require an owner to maintain their lawn and landscaping. If an owner (including lenders who may now own because of a foreclosure sale) fails to maintain the property as stated in the association’s documents, the documents may give the association the authority to enter onto a property for the purpose of removing or correcting such violations after reasonable notice and opportunity for a hearing.

Local jurisdictions are also aware of the increase in vacant properties that are occurring because of foreclosure sales. In response, many jurisdictions are increasing their enforcement of code violations. In Montgomery County if you suspect or know that a property is vacant and not being maintained you can file a complaint with the Department of Housing and Community Affairs by either completing and submitting the “Report a Vacant Property” form on their website at www.montgomerycountymd.gov/content/DHCA/housing/code_E/vacant.asp or by phone to 240-777-3785. In Prince George’s County you can report possible code violations to the Department of Environmental Resources, Property Standards Group at 301-883-6100.

Also if you suspect that a property is being used for the storage, concealment or distribution of controlled dangerous substances or controlled paraphernalia in a sufficient amount to indicate the intent to distribute, manufacture or dispense and the persons inside the property are assembled for the specific purpose of administering a controlled dangerous substance this might an warrant an nuisance abatement action by the Association or the State’s Attorney’s office against the property under the Maryland Real Property Article, Section 14-120. 

As a community, it is important to monitor any vacant properties and take appropriate action so that such nuisances will not affect the enjoyment of others and the value of the other lots and units within your community.

Published in Quorum Magazine, June 2009.

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