How can a 15 yr old file a lawsuit against the state of Maryland?
My mom opened a home based business earlier this year, She followed all the rules and regulations. The Parkside HOA is preventing my mom from making a living in our home and the State of Maryland is allowing them to do so. By allowing the HOA to continue to hinder my mothers ability to earn a living and care for me the State of Maryland is violating my civil rights as an American citizen.
- 1 decade agoFavorite Answer
There's no claim here. When your mom bought the house, she agreed to the terms of the HOA... if the HOA says in their contract that you may not operate a home business within your home, then she is in breach of contract by doing so. If there wasn't a clause about this in the HOA contract, then they obviously wouldn't be bothering her about this.
No, the state is NOT violating your rights or your mother's as an American - they are not "hindering" her ability to earn a living. You have to follow rules like everyone else. If she wants to operate a home business, then she needs to purchase a home with no HOA or an HOA that will allow her to do that.
The reason why some HOA's prohibit this is because it is a residential area where people live, raise their kids and walk their dogs. It is not designated to be an area of business. There are associated risks that come with operating a business, and if something goes wrong with it then it is possible that the HOA could be liable as well [[for allowing her to run the business]]... and they don't want that liability. Even if it's something as harmless as a flower business of some sort - no one could possibly get hurt doing that. But, if the HOA let someone operate that business in their home, to be fair they would also have to allow your crazy neighbor to operate his chainsaw-juggling-class business as well. Does that make sense?
And a final note - you as a minor cannot file a lawsuit. You parent/legal guardian would have to do it on behalf of you. And in this matter [[lets just pretend there IS a legitimate case here and you are of the age of capacity]], you don't have any business in this matter anyway, therefore you would not be able to participate as a party in this "lawsuit."Source(s): Paralegal [[That means I work with lawyers and assist them with cases and legal research]]
- lt991Lv 61 decade ago
No you cannot. Your mom signed documents stating that she would abide by the rules of the Home Owners Association before you moved into the area. Because of this she cannot run a business out or your home. The state is not violating your civil rights the HOA is but your mother or someone signed paperwork stating that you agreed to allow the HOA to rule you.
One of the down sides to living in an area with a HOA is that you have to abide by there rules. So your mother has 2 options either move into an area that does not have an HOA or she will need to rent some office space somewhere.Source(s): Did research on the differences on a Homeowners Association and a Neighborhood Association when I was looking to buy a home.
- 1 decade ago
Ok so when u buy a home in this country should the government be allowed to make laws that cause you a hardship after the fact. So for all those citizen that have older homes without built-in sprinkler systems that are now required in all newly contructed home in Maryland under the fire code - be forced to install a sprinkler system, which could cost them thousands of dollars just because the state changed the rules. The same is the case here when this woman purchased her home her business was allowed and the HOA changed the rules after the fact without any cause or valid reason. The state gave her a license to operate this business out of her home and they did not tell her that the Maryland Homeowners Association Act give her HOA the right to shut down her business. Is this fair? The 14th Amendment of the US Constitution gives us all the right to:
1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
No state has the right to deprive any person of life, liberty, or property, without due process of law, nor deny any person with in its jurisdiciton the equal protection of the laws.
When will this stop - neighbors should not be allowed to tell other neighbors how to earn a living. Having eight children in your home during the day while everyone is at working does not harm a community or anyone living in that community. Do we all not have the right to decide how to earn our living as long as it does not present any immediate danger to others? Think about the families that have eight children in their home are we going to allow HOA's to tell them where they can live because they have 8 children? This needs to stop.
- Barry CLv 71 decade ago
Hire an attorney. But be prepared to be knocked down a peg or two, as your claim that the HOA is acting outside its rights and responsibilities is nothing short of absurd. Your Mom can rent an office or whatever other space is needed, in a place where her business is allowed, just like anyone else.
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- TeeknoLv 71 decade ago
It sounds like that the home business may violate the covenent of the HOA, and if that's the case, she's out of luck.
In any event, you can't file the lawsuit, it's your mother who has to.
- BELIEVE®Lv 41 decade ago
Because you are only 15 years old your rights are diminished to begin with. You don't have Civil Rights until your 18 years of age, considering you'd need to be emancipated from your legal guardian to be free of her reach(technically speaking). Being a minor your viewed differently and treated as such.
- ichyedadLv 41 decade ago
Sorry, but you are a minor and that prohibits you from suing or being sued. Once you are 18, you should have those rights. However, in law you have to have "standing", and since you are not the business owner or the homeowner, I don't think you have standing in the case.
- 1 decade ago
why doesnt your mum file the lawsuit not you?
and if she isnt doing anything wrong they wouldnt stop her - they dont just stop you randomly on a whim. Talk to them about why she hasn't been allowed to continue business is the best route - not straight into lawsuits which are costly and you are likly to lose.
- 1 decade ago
I agree!!! Find an attorney who will take this case on a contingency. That means they dont get paid unless you do.
- No More AbuseLv 71 decade ago
mom would have to file a lawsuit..you are a minor..