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Maryland Senate and House Pass Measure Providing For Closed Meetings of Condominium Boards To Consider “Business Tranactions”

House Bill 388 and Senate Bill 197 have both been approved by unanimous votes in each house of the Maryland General Assembly.  The identical enactments would amend Section 11-109.1 of the Maryland Condominium Act to provide that the board of directors of a condominium council of unit owners may meet in closed session for “consideration of the terms or conditions of a business transaction in the negotiation stage if disclosure could adversely affect the economic interests of the council of unit owners.”  If approved by the Governor, the amendment would take effect on October 1, 2013.

Presently, a condominium’s board of directors may meet in closed session for the following purposes:  (1) Discussion of matters pertaining to employees and personnel; (2) protection of privacy or reputation of individuals in matters not related to the council of unit owners’ business; (3) consultation with legal counsel on legal matters; (4) consultation with staff personnel, consultants, attorneys, board members, or other persons in connection with pending or potential litigation or other legal matters; (5) investigative proceedings concerning possible or actual criminal misconduct; (6) complying with a specific constitutional, statutory, or judicially imposed requirement protecting particular proceedings or matters from public disclosure; or (7) discussion of individual owner assessment accounts.