While the governing documents of some condominiums contain procedures for the adoption of rules and regulations, most do not. As a result, it is often assumed that rules and regulations may be adopted in the same manner as any other enactment by the condominium’s board of directors or other governing body. However, Section 11-111 of the Maryland Condominium Act contains specific requirements for the adoption of rules and regulations with which condominium’s must comply. Indeed, the CPA establishes minimum standards that must be met, regardless of any provisions contained in the condominium’s governing documents.
Section 11-111 mandates that each unit owner must receive a copy of any proposed rule or regulation. The notice must inform the unit owners that they are entitled to submit written comments on the proposed rule, and must provide the proposed effective date of the proposed rule. Before the condominium’s board or other governing body votes on a proposed rule, there must be an open opening at which unit owners, or their tenants, can comment on the proposed rule. A written notice for such a meeting must be received by the unit owners at least 15 days prior to the meeting date.
Their must be a quorum of the condominium’s board or other governing body present at the meeting, and adoption of the proposed rule requires a majority vote. The rule becomes final unless, within 15 days of the vote, at least 15 percent ofthe unit owners file a petition for a special meeting on the rule. In that case, the unit owners must again receive 15 days written notice of the special meeting. If the meeting is attended by a quorum of all unit owners, the unit owners present are entitled to vote to disapprove the proposed rule. The rule is disapproved if 50 percent of the unit owners present at the special meeting disapprove the rule, and those owners represent 33 percent of the total votes in the condominium.
