Legislation Enacted To Permit HOAs To Collect Resale Inspection Fees

Beginning in October, Maryland homeowner associations will have the right to collect a fee relating to inspections during the resale process.  What had been House Bill 34 in the 2017 session of the General Assembly, and has now been enacted, entitles an HOA to charge “a reasonable fee not to exceed $50 for an inspection of the lot if required.”  Under Section 11B-106 of the Maryland Homeowner Association Act, sellers are required to provide certain information to prospective purchasers, much of which is often provided by the Association.  Under the statute, the Association can charge “a reasonable fee” for providing this information up to certain limits provided in the statute.  The new law adds an additional fee charge for costs relating to an inspection of the property as part of the resale process.

Governor Signs Bill To Reduce Votes Required To Amend Condo and HOA By-Laws

Maryland Governor, Larry Hogan, has signed into law a bill which will reduce the number votes required to amend condominium and homeowner association bylaws.   What originated as House Bill 789, (now Chapter 480 of the 2017 legislative session), provides for a reduction in the required percentage vote for an amendment of the bylaws from two-thirds to 60 percent.   The original version of the bill passed by the House of Delegates called for a reduction to 55%, but that was ultimately amended in the final version that was passed in both houses of the General Assembly.  Additionally, the bill authorizes adopted bylaws to provide for a percentage lower than 60%.  The new law will 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 new provisions will take effect on October 1, 2017.

Final Version Of Bill To Reduce The Number Of Votes Required To Amend Bylaws Passed With Amendments

Both houses of the Maryland General Assembly have passed an amended version of legislation that would reduce the number votes required to amend condominium bylaws.   As amended, what originated as House Bill 789 would reduce the required percentage vote for an amendment of the bylaws from two-thirds to 60 percent.   The original version of the bill called for a reduction to 55%, but that was ultimately rejected in the final version.  However, the bill authorizes the bylaws themselves to provide for a percentage lower than 60%.  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 approved legislation contains similar provisions to reduce the percentage vote required for bylaw amendments under the Maryland Homeowners Association Act.

House of Delegates Passes Amended Version Of Bill To Require Notice to Owners Of Common Element Sales

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.

Maryland Senate Committee Approves Amendment To Bill Allowing HOAs To Collect Fees For Resale Inspections

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.

State Senate Passes Bill Requiring Notice To Owners Of Common Element Sales

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.