Maryland General Assembly Wraps Up Virtual 2021 Legislative Session

By Scott Silverman, Esq.

Maryland’s General Assembly recently concluded its 2021 legislative session which was mostly held by virtual video teleconference due to COVID-19 pandemic concerns. Several new laws regarding community association governance were enacted, and take effect October 1, 2021.

Common Property Replacement and Repairs. Reserve studies were again a top issue regarding condominiums, homeowner associations, and housing cooperatives.   In 2020, a new law was enacted to require condos, coops and HOAs in Prince George’s County, Maryland to obtain a study of the association needs for future major replacement and repair of common property, and require the annual budget of condos and coops to provide funds for future repair work. Although statewide reserve legislation was considered in 2020 and 2021, it was not passed.

But, HB 567, a bill like the one applicable to Prince George’s County associations, was passed this year with respect to associations in Montgomery County, Maryland.  Under the new law, condominiums, cooperatives and homeowner associations in Montgomery County will be required to obtain reserve studies and to have them updated at least every five years. And, condominium, HOA, and housing cooperative boards must include reserve funds in the annual budget for future major replacement and repair of common property.

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2018 Maryland Legislative Update–New Laws Help Condos and HOAs

The hot topic during the 2018 Maryland legislative session was how Maryland will adapt to recent changes in federal income tax and health insurance laws.

Beyond the headlines, the Maryland General Assembly considered many bills which directly affect Maryland condominiums, homeowner associations, and housing cooperatives. Several new laws which help condos and HOAs were enacted. Continue reading

Maryland Condo and HOA Restrictions on Commercial Vehicle Parking

Maryland condominium and homeowners association covenants often prohibit parking “commercial vehicles” without specifying what constitutes a commercial vehicle.

Where a word or phrase used in the declaration of covenants for a condominium or homeowners association is not defined in the covenants or by statute, the board of directors has broad discretion to adopt rules which explain how the provisions of the covenants will be applied.

If there are no community rules which define what constitutes a “commercial vehicle”, it is likely that a court would apply the Maryland statutory definition of “commercial motor vehicle” used in connection with the requirements for obtaining a commercial driver’s license.  Under that definition, a commercial vehicle includes any vehicle with a gross weight rating of at least 26,001 pounds; a vehicle designed to transport 16 or more passengers; or any size vehicle used to transport hazardous materials.  Excluded from the statutory definition are fire and rescue vehicles with audible and visual signals. Continue reading

Short Term Rentals Coming Soon to Montgomery County, Maryland

Short term rentals will soon be allowed in all residential areas of Montgomery County, Maryland.  A home rented on a daily or weekly basis is often referred to as an AirBnb–which is the dominant online booking web site for short term rentals.

Under current law, no residential rentals are permitted in Montgomery County for less than 30 days.  Faced with widespread illegal daily and weekly rentals, the County Council passed legislation in October, 2017 to allow these rentals where the property is the primary residence of the owner or owner-authorized resident of the rental property. However, condominiums, homeowner associations and housing cooperatives will still be allowed to ban or restrict short term rentals.  Continue reading

Fair Housing Claim Against Homeowner Association Director Allowed by District of Columbia Appeals Court

The District of Columbia Court of Appeals has ruled that a board member of a homeowners association may be personally liable for violating the disability discrimination provisions of the fair housing laws by delaying action on a homeowner’s request for a reasonable accommodation in the enforcement of the association’s leasing restrictions.

When  homeowners leased  their home to a non-profit organization for occupancy by recovering alcoholics and drug addicts, the association board asked the homeowners to terminate the lease because it violated the HOA bylaws which prohibited leasing to anyone not named in lease and prohibited subleasing.   After it received a request for waiver of the bylaw restrictions as a reasonable accommodation based on the disabilities of the sub-tenants, the HOA board approved the lease. Continue reading

HOT TOPICS IN COMMUNITY ASSOCIATION GOVERNANCE!

Fair Housing, Assessment Collection, and Governing Documents are the featured topics at a FREE educational event for board members and managers presented by Thomas Schild Law Group.

Keep current on legal news and trends which affect condominium associations, homeowners, and housing cooperatives in Maryland and the District of Columbia by attending HOT TOPICS IN COMMUNITY ASSOCIATION GOVERNANCE on Saturday August 26, 2017 in Rockville, Maryland.

Attorneys Thomas Schild, Scott Silverman, and John Tsikerdanos will highlight recent court decisions, laws and federal regulations which impact the governance of every community association!  Sessions include:

>>> Understanding and Amending the Governing Documents

>>> Show Me the Money–Tips for Collecting Delinquent Assessments

>>> Avoiding Fair Housing Harassment and Accommodation Claims

Advance Registration is REQUIRED–Seating is Limited.

REGISTER NOW.

 

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.