Mark Oakley

Mark W. Oakley is an established litigation attorney concentrating on civil litigation, personal injury, construction law, and criminal and traffic defense. He also advises business clients, negotiates and drafts contracts, and handles a variety of litigation matters at all levels of the state and federal court systems. Mr. Oakley is trained and certified in the collaborative practice of law. Mr. Oakley is a graduate of the University of Maryland School of Law (J.D. 1987), and the University of Maryland, College Park (B.A. 1984). He is a member of the Maryland State Bar Association, the District of Columbia Bar, and the Bar Association of Montgomery County. He is admitted to practice before the Court of Appeals of Maryland, the District of Columbia Court of Appeals, the United States District Court for the District of Maryland, the United States District Court for the District of Columbia, and the United States Court of Appeals for the Fourth Circuit. Authored the winning brief in the case of 1986 Mercedes v. State of Maryland, a precedent-setting decision limiting the State’s power to forfeit private property.

• Free Consultation
• Credit Cards Accepted
  Visa, MasterCard, Discover
• Contingent Fees
  I handle personal injury claims on a contingent fee basis, meaning if there is no recovery, you do not owe me a legal fee.

District of Columbia

District of Columbia Bar

Since 1989

Maryland

Since 1988

University of Maryland - Baltimore

J.D. (1987) | Law

1984 - 1987

University of Maryland - College Park

B.A. (1984) | English

1980 - 1984

District of Columbia Bar

Member

1989 - Current

Maryland State Bar Association

Member

1988 - Current

Bar Association of Montgomery County

Member

1988 - Current

Q. HOA requests removal of fence on HOA property after 27 years. What are my rights in Maryland?

March 26, 2025

A: Obviously, you would like to leave the fence where it is.

First, you need to look at your HOA governing documents and covenants filed in the land records, or better, have a lawyer do so, and review issues relating to the right to claim adverse possession over common community property of the HOA (almost certainly that right is foreclosed, but look anyway). It is unclear whether you can claim adverse possession over community held property, because technically, you are a part owner and no one person owns the land. Second, there is generally a 3 year statute of limitations in Maryland for an HOA to enforce a violation of the governing documents, but again, look at the HOA documents to see if there is anything said about the time for enforcement of violations. Third, notwithstanding whether the statute of limitations bars the enforcement action, an HOA may lose the right to enforce restrictions if it unreasonably delays exercising its enforcement rights, and that delay prejudices the homeowner-- this legal defense is called, "laches."

The HOA can hire a lawyer and sue you, if you refuse to remove your fence located on HOA property. They may incur the cost of removing the fence and sue you for the amount they paid plus their legal fees, then if they win the suit and get a judgment, then that judgment may be recorded as a lien against your property. It can also be collected by garnishment of your wages or bank accounts. However, if you successfully defend the case on statute of limitations grounds or laches, then you avoid paying for removal of the fence, but you likely incur your own attorney's fees.

You might hire a lawyer to write a letter to the HOA raising some or all of the above defenses, and any others that may be identified, and see what kind of response you receive. But barring an expensive lawsuit over a questionable adverse possession claim, if the fence is on HOA land, then they can have it removed. The issue is, who should have to pay for that removal: the HOA or you. If by its removal you are losing one side of your enclosed fenced-in yard, and if you want to retain a fence along your yard, then you are going to have to incur the expense of re-installing a fence on your property. As a matter of practicality, if that is the case, then perhaps the smarter move is to make peace with the HOA and pay for the relocation of the fence onto your property. ... Read More

Q. Concern about legal trouble when emailing former friend after years without contact in Maryland.

March 26, 2025

A: Civil or criminal harassment is defined as a pattern of repeated contacts or communications that seriously annoys another person. A single communication does not qualify. I assume this person did not previously file for a restraining order or pursue criminal charges against you; however, if my assumption is incorrect, then you should not to make any new contact with that person.

Q. Am I at fault for turning right on a red light without signs prohibiting or requiring a stop?

March 26, 2025

A: Yes, you are at fault. ALL red lights require a full stop, even those where by law you are allowed to make a right turn. The right turn is allowed after you stop. You were treating a right turn on a red light as if you had a green right turn arrow. That isn't the law.