2018 Maryland Legislative Hot Topics for Condos and HOAs

2018 marks the last Maryland legislative session before statewide elections in November.  With the entire General Assembly and Governor up for election, the legislature is expected to focus on many bills previously considered but not enacted.

For community associations, the hot topics include limiting community association manager licensingprohibiting developer restrictions on condo construction defect claims;  and requiring developers to provide additional information regarding construction bonds and association finances.

Legislation to require periodic reserve studies to estimate the cost of replacing and repairing common property may also get another look.  And, a proposal to limit association authority to regulate electric vehicle charging stations is also likely to be introduced again.

Proposed legislation will also be considered regarding association governance matters such as director conflicts of interest, books and records, dispute resolution procedures, governing document amendments, and association websitesAlso expected is a bill to make it easier for the board of directors of a condo to suspend an owner’s use of the common property parking lot and recreational amenities where the owner is delinquent in payment of assessments.

This legislation would be in response to the 2017 decision of the Maryland Court of Appeals that, unless a condominium Declaration limits an owner’s statutory property right to use the common elements, a condominium board of directors could not adopt Rules to limit the use of the common property by an owner who in behind in paying the assessments.

The 2018 Maryland legislative session runs to mid-April.

Posted by Thomas Schild Law Group, LLC, attorneys for condominiums, homeowner associations and housing cooperatives in Maryland -– including Montgomery County, Prince George’s County, Howard County, Frederick County, and Baltimore County; and in Baltimore City and Washington, D.C.



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