by Raymond Daniel Burke | Apr 13, 2017
Both houses of the Maryland General Assembly have passed legislation that would reduce the number votes required to amend condominium bylaws. House Bill 789 was approved unanimously in both the House of Delegates and State Senate. The new law would reduce the required percentage vote for an amendment of the bylaws from two-thirds to 55 percent. Additionally, it would also permit the bylaws themselves to establish a percentage as low as 51%. The law would also limit the voting to members in “good standing, ” which is defined as not being more than 90 days in arrears with regard to assessment payments.
The proposed legislation contains similar provisions to reduce the percentage vote required for bylaw amendments under the Maryland Homeowners Association Act.
by Raymond Daniel Burke | Apr 10, 2017
The Maryland House of Delegates has passed an amended version of a bill previously approved in the State Senate that would require a condominium council of unit owners to provide at least 30-days notice to all unit owners of any sale, including a tax sale, of a common element. The bill would add new Subsection 11-108(d) to the Maryland Condominium Act. Additionally it would add new Subsection 14-804(e) to the Tax Article to provide that a council of unit owners must give notice to the unit owners when a tax lien has been imposed on a common element.
The proposed law would create a similar notice requirement for homeowner associations with respect to a sale of any common area in the community by adding new Section 11B-106.2 to the Maryland Homeowner Association Act.
by Raymond Daniel Burke | Apr 7, 2017
The Maryland Senate Judicial Proceedings Committee has issued a favorable report on legislation, which has already been passed by the House of Delegates, that would reduce the number votes required to amend condominium bylaws. Under Section 11-104(e) of the Maryland Condominium Act, condominium bylaws may only be amended upon a vote of two-thirds (66 2/3 percent) of the unit owners. Approved House Bill 789 would reduce this to 55 percent. Significantly, it would also permit the bylaws themselves to establish a percentage as low as 51%. Additionally, the bill would limit the voting to members in “good standing, ” which is defined as not being more than 90 days in arrears with regard to assessment payments. The original version of the bill would have also allowed voting to be denied to any member in violation of a provision of the declaration, bylaws or rules and regulations, but this provision was removed in the final version that was approved.
The proposed legislation contains similar provisions to reduce the percentage vote required for bylaw amendments under Section 11B-116 of the Maryland Homeowners Association Act.
by Raymond Daniel Burke | Apr 6, 2017
The Maryland State Senate has approved, with amendment, a bill previously passed by the House of Delegates. House Bill 34, would give homeowner associations the right to collect a fee relating to inspections during the resale process. The version passed by the House would entitle an HOA to charge “a reasonable fee not to exceed $100 for an inspection of the low owner’s lot if required.” The Senate Judicial Proceedings Committee changed the maximum amount of the fee to $50, and added “if the inspection is required by the governing documents of the homeowners association.” As reported in a prior post, the House of Delegates passed its version by a 85 – 44 vote.
by Raymond Daniel Burke | Apr 4, 2017
By a vote of 47-0, the Maryland State Senate passed Senate Bill 809, which would require a condominium council of unit owners to provide at least 30-days notice to all unit owners of any sale, including a tax sale, of a common element. The bill would add new Subsection 11-108(d) to the Maryland Condominium Act. Additionally it would add new Subsection 14-804(e) to the Tax Article to provide that a council of unit owners must give notice to the unit owners when a tax lien has been imposed on a common element. The final version that passed added language imposing the same notice requirement a developer where the developer maintains control prior to formation of the council of unit owners.
The proposed law would create a similar notice requirement for homeowner associations with respect to a sale of any common area in the community by adding new Section 11B-106.2 to the Maryland Homeowner Association Act. Proposed new Subsection 14-804(e) of the Tax Article would also require notice by a homeowner association when a tax lien is imposed on any common area. The final version included an amendment imposing the notice requirement on a declarant where the governing body of the association has not yet formed.
