2012 Maryland Legislative Session Ends With Limited Action on Condo and HOA Legislation

by Tom Schild

The Maryland General Assembly ended its 2012 session on April 9 without enacting  proposed legislation on community association manager licensing, developer to homeowner transition or HOA rules adoption and enforcement.  After considering dozens of bills regarding governance of condominium and homeowner associations, only a few bills passed.

New Laws Enacted

The Maryland Condominium Act was amended to authorize condo associations to gain access to units to investigate damage where necessary for public safety or to prevent damage to other portions of the condominium (HB 126).  Also enacted was a bill to require collection and removal of recyclable material by  condominiums and apartment buildings with 10 or more units beginning in October 2014 (HB 1). 

Legislation was approved  to permit Prince George’s County to enact an ordinance to impose and collect a fee for providing administrative hearing services for the resolution of disputes involving common interest communities (HB 906).

Other Legislation Considered

 Both the Senate and House of Delegates passed a bill to prohibit condominium developers from shortening the statute of limitations on condo unit warranties in sales contracts. It would also bar developers from including provisions in condo bylaws to require unit owner approval for a condo board to pursue legal claims by litigation or arbitration.  However, there were differences in the two versions passed and the bill died on the last day of the legislative session (HB 740/SB 725).

Legislation to regulate community association managers has been proposed for the past 4 years.  The bill considered this year would have established a State Board of Common Interest Community Managers to license and regulate managers.   Each manager would be required to obtain a state-issued license to act on behalf of a Maryland condo, HOA or co-op in its business, financial, legal or other transactions such as negotiating contracts, collecting and disbursing association funds, preparing budgets and financial reports, and enforcing association governing documents. The proposed Maryland Common Interest Community Managers Act was defeated by a Senate Committee but may be introduced again in 2013 (HB 433/SB 372).

Bills to require management contracts to include certain provisions and to require community association management companies to obtain fidelity insurance also died in committee.   Legislation regarding assessment collection and resale disclosures was also considered but not enacted.




This entry was posted in Condominiums, Homeowner Associations, Maryland Legislation and tagged , , , , by Tom Schild. Bookmark the permalink.

About Tom Schild

MarylandCondominiumlaw.net is written by Thomas C. Schild. Tom focuses his practice in the representation of community associations. Since 1985, he has represented condominiums, homeowners associations, and housing cooperatives throughout Maryland and Washington D.C. He is recognized locally and nationwide as a leader in the field of community association law. Tom has written numerous articles and presented many seminars concerning various aspects of condominium and homeowners associations operations. He has recently presented programs regarding community associations insurance, contracts, leasing restrictions, tips for avoiding litigation, and community governance. He is a long-time member and past Chair of the Maryland Legislative Action Committee of the Community Associations Institute (CAI), which represents community association interests before the Maryland General Assembly. Tom is also a member of CAI's National Faculty and teaches a Community Governance course for community association managers in cities nationwide. And, he is a member of the College of Community Association Lawyers (CCAL) which is comprised of fewer than 150 lawyers nationwide recognized for their leadership and contributions in the field of community law. He previously served on the Board of Directors of CAI's Washington Metropolitan Chapter. Tom is a 1976 graduate of Northwestern University and a 1980 graduate of the George Washington University Law School. He is admitted to practice before the state and federal courts in Maryland and the District of Columbia.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.