How to deal with a dormant HOA?

[butchcbl]

What is the name of your state?
Maryland, Montgomery County

I want to erect a fence that does not meet the covenants as described in the material provided me at closing, 4 years ago. The neighbors who have been in the 20 home development since its creation 25 years ago tell me that the HOA really doesn't exist anymore, noone has paid dues in at least 5 years, and noone knows anyone who is on the Board. What do I need to do to ensure that once my fence is up, I won't face any problems? By the way, both of my neighbors want to share fence costs, and erect the same fence as we are, with no dividing fences between us.
Thanks!

 

[JETX]

What do I need to do to ensure that once my fence is up, I won't face any problems? By the way, both of my neighbors want to share fence costs, and erect the same fence as we are, with no dividing fences between us.

You need to get a court to order that the restrictions or covenants are no longer valid or enforceable.

 

[HomeGuru]

What is the name of your state?
Maryland, Montgomery County

I want to erect a fence that does not meet the covenants as described in the material provided me at closing, 4 years ago. The neighbors who have been in the 20 home development since its creation 25 years ago tell me that the HOA really doesn't exist anymore, noone has paid dues in at least 5 years, and noone knows anyone who is on the Board. What do I need to do to ensure that once my fence is up, I won't face any problems? By the way, both of my neighbors want to share fence costs, and erect the same fence as we are, with no dividing fences between us.
Thanks!

**A: even if the HOA has disbanded or is not functioning, there most likely are recorded CC&R's on title. Abide by them.