Taking on the county or a developer can be a daunting and expensive task for an individual.
But a state bill would give community and homeowners associations legal standing, or the right, to participate in disputes, allowing the groups to provide financial support and resources.
“Standing is a great problem for citizens in challenging official actions,” said Bridge Mugane, president of the Howard County Citizens Association. “It makes it almost impossible to challenge most things.”
The bill, sponsored by five delegates from Baltimore and Anne Arundel counties, would authorize community and homeowners associations to intervene in disputes such as government or court proceedings.
Lobbyists have thwarted legislators? previous attempts over the last 15 years to allow associations to represent collective community interestsin state court, lawmakers said.
State law requires lawsuits to name individual property owners who have a stake in the case, opening them to threats of countersuits and private deals, they said.
Currently to show legal standing, individuals must prove they are “specially aggrieved” by a decision, such as a proposed development, meaning the resident is more affected than the general population is, Mugane said.
More residents may be affected, she said, but they might hesitate to pour the money and time into a court challenge.
For example, in the ongoing battle over the proposed high-rise in downtown Columbia, four residents are appealing a ruling that they lack legal standing to fight the planned tower.
But under this bill, the residents could be part of an established group, and not have to face challenges on legal standing, said Angela Beltram, a Howard County Citizens Association board member.
The judicial system would also benefit from the added resources, said Allen Dyer, an attorney lobbying on behalf of the Falls Road Community Association in Baltimore County.
Community associations can better research the argument, which means judges will hear a well-prepared case, he said.
“It means the position of the community association will be well presented in the courtroom,” Dyer said.
Examiner Staff Writer Jaime Malarkey contributed to this story.
