Legislation Signed into Law in 2008:
House Bill 646: Changes the amount a condominium unit owner may be responsible for from $1000 to $5000 if allowed in the association's governing documents.
House Bill 1129: Allows the governing documents of homeowners associations created before January 1, 1960 to be amended once every 5 years by a 2/3 vote of homeowners.
House Bill 117: Prohibits unreasonable limitations on solar collection panels and allows the negotiation of solar easements.
House Bill 365: Prohibits an action to foreclose a mortgage or deed of trust from being filed until 90 days after default or 45 days after a notice of intent to foreclose is sent.
House Bill 645: Lengthens the time period an action to foreclose a lien can be brought from 3 to 12 years.
House Bill 74: Authorizes the Dept. of Housing and Community Development to give housing assistance loans to cooperatives.
MHA-Supported Legislation signed into Law in 2007:
Senate Bill 287, Chapter 321: Condominiums and Homeowners Associations-Court Appointment of Receiver.
Senate Bill 635, Condominiums-Conversion of Rental Facilities-Notice Requirements.
House Bill 183, Chapter 593: Maryland Homeowners Association Act- Enforcement Authority of Division of Consumer Protection.
Maryland General Assembly
To access the Maryland Condominium Act, the Maryland Homeowners Association Act or the Maryland Cooperative Housing Corporation Act, click on the above link, click on Maryland Statutes, and then click on Maryland Code Online. In the Search box enter either Condominium Act, Homeowners Association Act or Cooperative Housing Corporation Act, then scroll down and click on the appropriate Act. In View, select Document.
Common Community Homeowners have substantial rights under Maryland Law. Click on the link below for a summary of these rights as of 2005. See above for recently passed homeowner protections. MHA is in the process of updating this document.
Homeowners' Rights in Maryland Law
For an updated (2008) partial summary of Homeowners' Rights which prints on one page and thus is suitable for distribution at a Board or Homeowners Meeting or distribution door-to-door, click on the link below:
Partial Summary of the Rights of Homeowners
Fair Housing Act
The Federal Fair Housing Act (FHA) which prohibits discrimination on the basis of race, religion, national origin, sex or disability was amended in 1988 to include familial status. This means that families with children under 18 years of age are also protected. In 1996, 23% of the discrimination complaints were based on familial status, the third highest category after race and disability.
Of interest to individuals who are considered disabled under the FHA and who live in Condos/HOAs/Co-ops, the FHA makes it unlawful for an association to refuse to make a reasonable accommodation to its rules, policies, practices or services. As an example, a community with a no-pet rule must allow a pet if a handicapped person is shown to require one. However, if physical modifications are needed, it is the individual who is responsible for the cost of such modifications.
Solar Panels: MD code: Real Property 2-119 prohibits covenants restricting installation of solar collection panels. A restrictive covenant regarding land use may not impose or act to impose unreasonable limitations on the installation of solar collection panels on the roof or exterior walls of improvements. See the Code for details.