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Maryland General Assembly Did Not Enact a Bill That Would Have Required Associations To Register With the State

A bill that would have required common ownership communities to register with the State did not come to a vote on the floor of the Maryland General Assembly during 2016 session.  House of Delegates Bill 1061 would have required common ownership communities — including residential condominiums, homeowner associations and cooperatives — to register each year with the Maryland Department of Assessments and Taxation.

Proposed Legislation in the Maryland General Assembly Would Require Common Ownership Communities To Register Annually with the State

Bill 1061 in the Maryland House of Delegates would require common ownership communities — including residential condominiums, homeowner associations and cooperatives — to register each year with the Maryland Department of Assessments and Taxation.  The community would be required to provide (1) the name, address and county in which it is located; (2) the number and type of units; (3) proof of registration with the county if required in that jurisdiction; (4) the name and contact information for each officer or member of the board of directors or other governing body, the property manager, and any attorney; (5) a statement as to fidelity insurance maintained; (6) a statement as to reserve studies and current reserve balances; (7) a statement as to grievance procedures; and (8) any other information that the Department may require.

Montgomery County Requires Association Board Members To Complete An On-Line Education Course

As of January 2, 2016, those who serve on the boards of condominiums, homeowner associations, and housing coops in Montgomery County, Maryland must now complete an education course on the responsibilities of serving on a board of directors.  The law charges the Montgomery County Commission on Common Ownership Communities with the responsibility for developing the curriculum.  The Commission has established an on-line course on its website at the following link:  http://www2.montgomerycountymd.gov/CCOC-Training.

Each condominium, HOA and coop in Montgomery County is required to certify to the Commission that each of its board members has completed the required training, along with providing an annual report that includes the name and address of each board member, the date each member completed the training, the number of vacancies on the board, and the length of time each vacancy existed.

It should be noted that failure to complete the training course will not disqualify a board member from continuing to serve.  However, if a condominium, HOA or coop board member does not complete the mandatory education, the Commission may take legal action to enforce the training requirement.  Also, a Commission dispute resolution panel that is reviewing a dispute between a homeowner and a community association may consider a board member’s failure to complete the training in deciding the dispute.

 

Maryland Bill To Encourage Installation of Electric Vehicle Chargers Now Available For Review

The text of Senate Bill 168, which would provide for the installation of electric vehicle chargers at condominiums and in homeowner associations, as well as at rental properties, is now available.  The proposed legislation would void any provision in condominium and homeowner association documents that unreasonably restricts the installation of chargers, and would regulate and limit the approval process by which a homeowner could secure approval to install a charger.

Here is a link to the full text of the bill:  http://mgaleg.maryland.gov/2016RS/bills/sb/sb0168f.pdf

Maryland Senate Bill Would Encourage Installation of Electric Vehicle Chargers

A bill introduced in the early  stages of the 2016 session of the Maryland General Assembly would make provisions for the installation of electric vehicle chargers that impact condominiums and homeowners associations.  Senate Bill 168 is sponsored by Senator Brian Feldman of Montgomery County  The language of a similar bill introduced during the 2015 session (SB 762), also introduced by Senator Feldman, would void any provision in condominium and homeowner association documents that restricts the installation of chargers, and would regulate and limit the approval process by which a homeowner could secure approval to install a charger.  The text of this year’s bill should be available shortly.

Maryland General Assembly Fails to Pass Legislation Affecting Resale Disclosure Certificates

A bill that was originally intended to require homeowner associations to provide resale certificates, and to limit fees charged by condominium and homeowner associations for providing resale certificates, passed both houses of the Maryland General Assembly, but the two houses were unable to reconcile amendments, including one intended to limit the association’s liability for inaccurate information contained in those certificates.  The Maryland Senate and the House of Delegates both passed versions of House Bill 1007.  As originally proposed, HB 1007 would have limited the fee charged by condominium councils of unit owners for providing required information in connection with the resale of a unit.  It also provided that required resale disclosure information to be furnished by a homeowners association as part of the sale of a home in the community.  These requirements were retained in the amended versions passed by both houses.  One amendment changed the amount of the fee that could be charged.  Further amendments provided for two additional fees associated with the resale process.  A significant amendment provided that “[a]ny liability of the council of unit owners for an error or omission in the certificate shall be limited to the amount of the fees paid for the certificate.” Although versions of the bill were passed on the floor of both houses, a final version to reconcile the amendments was not produced before the session ended.