HOA and Led inspection questions of Townhouse built before 1978.

8 Replies

I am planning to buy townhouse as investment property which was built before 1978. As I understand I have do a led inspection and pass the inspection before I rent it out. My agent told me that I should paint the house before inspection. I can paint inside. There is a storage place for each townhouse outside which needs to be painted also. I am not sure if I can paint outside or HOA will do it.

My agent will also told me that I can only know if I can paint it or not when I have a copy of the HOA which I can get only after I have an accepted contract.

I have several questions:

How can I know if HOA will allow me to paint outside before I put an offer and have a contract?

For that matter, how can I get any questions answered from HOA before I even buy a townhouse?For example, how can I know that If HOA will allow me to rent out the house after I buy it? I heardsome HOA doesn't allow any investment property?

Will I have problem passing led inspection if outside is not painted correctly?If HOA doesn't paint or allow me to paint outside, will I be stuck and not able to rent it as led inspection didn't pass?

@Mohammed A. - I don't know why you are required to do a lead inspection.  You are only required to disclose the presence of lead based paint if the property was previously tested.

I own 30+ properties built before 1978 and have never done a lead inspection.  My brokerage company has been involved in over 100 transactions on properties built before 1978 and I have never had a client do a lead based paint inspection.  

As far as renting out the unit, your agent should get a copy of the rules and regulations and bylaws for you before you offer or during the due diligence period 

@Brie Schmidt

Thanks Brie for your response. I did little more research. You are right for any house built before 1978 78 federal law requires me to disclose any known lead issue and provide a pamphlet which can be found following EPA site:


However any llandlord renting a property built before 1950 in Maryland must

meet three requirements before renting to you:

• Register the property and pay a $30 fee annually to the Maryland

Department of the Environment.

• Give you the pamphlets “Lead Poisoning Prevention Program:

Notice of Tenant’s Rights” and “Protect Your Family From

Lead in Your Home.”

• Perform Full Risk Reduction Measures (lead hazard treatments)

in the property and get a Risk Reduction Certificate, and give

you a copy of the certificate before you move in.

Originally posted by @Mohammed A. :

@Brie Schmidt

One other quick question, what you meant by 'copy of the rules and regulations and bylaws'? Are you referring to HOA/Condo association documents? thanks.


 Yes.  Your agent can ask for them

You are absolutely correct that, in Maryland, any home that is rented out and was built before 1978 needs to pass a lead safe inspection and be registered with the Maryland Department of the Environment.

As for the HOA docs, your agent should request the Resale Package from the listing agent. In Maryland, the seller is required to provide this to you within 20 days of Contract Acceptance. You then have 5 days from receipt to review the documents and terminate the contract if you find anything unacceptable. Find the Maryland Association of Realtors form "Maryland Homeowners Association Act Notice to Buyer" for more information (or ask your agent for a copy).

The more important question is the ratio of tenants vs owner occupied. If you have a mortgage then it accepts lender requirements.  You also need to advise as most people do not read CC&Rs anyway that they can not do.  Pets size, weight, quantity. Cars, parking etc so you do not receive a violation. 

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