Maryland 2022 Regular Session

Maryland House Bill HB265 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0265
6	6
7	7	HOUSE BILL 265
8	8	N1 2lr1913
9	9	HB 511/20 – ENT
10	10	By: Delegate Grammer
11	11	Introduced and read first time: January 13, 2022
12	12	Assigned to: Environment and Transportation
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Baltimore County – Nuisance Actions – Community Association Standing 2
19	19
20	20	FOR the purpose of altering the definitions of “community association” and “local code 3
21	21	violation” to authorize community associations to seek judicial relief for nuisance 4
22	22	abatement in Baltimore County; repealing a provision of law requiring a certain 5
23	23	court to determine the amount and conditions of a bond filed by a community 6
24	24	association in a certain nuisance action; and generally relating to the right of 7
25	25	community associations to seek judicial relief for nuisance abatement in Baltimore 8
26	26	County. 9
27	27
28	28	BY repealing and reenacting, with amendments, 10
29	29	Article – Real Property 11
30	30	Section 14–125 12
31	31	Annotated Code of Maryland 13
32	32	(2015 Replacement Volume and 2021 Supplement) 14
33	33
34	34	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
35	35	That the Laws of Maryland read as follows: 16
36	36
37	37	Article – Real Property 17
38	38
39	39	14–125. 18
40	40
41	41	(a) (1) In this section the following words have the meanings indicated. 19
42	42
43	43	(2) (I) “Community association” means a Maryland nonprofit 20
44	44	ASSOCIATION, corporation, OR OTHER ORGANIZATIO N that IS: 21
45	45
46	46	[(i) Is comprised of at least 20% of the total number of households as 22
47	47	members, with a minimum membership of 25 households, of a local community that 23 2 HOUSE BILL 265
48	48
49	49
50	50	consists of 40 or more individual households as defined by specific geographic boundaries 1
51	51	in the bylaws or charter of the community association;] 2
52	52
53	53	1. COMPOSED OF RESIDENTS OF A COMMUNITY 3
54	54	DEFINED BY SPECIFIC GEOGRAPHIC BOUNDARIE S IN THE BYLAWS OR CHA RTER OF 4
55	55	THE COMMUNITY ASSOCI ATION AND WITHIN WHI CH A NUISANCE IS LOC ATED; 5
56	56
57	57	[(ii) Requires, as a condition of membership, the payment of 6
58	58	monetary dues at least annually;] 7
59	59
60	60	[(iii)] 2. [Is operated] OPERATED primarily for the promotion of 8
61	61	social welfare and general neighborhood improvement and enhancement; 9
62	62
63	63	[(iv) Has been in existence for at least 1 year when it files suit under 10
64	64	this section;] 11
65	65
66	66	[(v) 1.] 3. [Is exempt] EXEMPT from taxation under § 501(c)(3) or 12
67	67	(4) OR § 528 of the Internal Revenue Code; [or 13
68	68
69	69	2. Has been included for a period of at least 1 year prior to 14
70	70	bringing an action under this section in the “Directory of Organizations in Baltimore 15
71	71	County” that is published by the Baltimore County Public Library;] and 16
72	72
73	73	[(vi)] 4. [Is] INCORPORATED AND in good standing WITH THE 17
74	74	STATE DEPARTMENT OF ASSESSMENTS AND TAXATION. 18
75	75
76	76	(II) “COMMUNITY ASSOCIATION ” INCLUDES A MARYLAND 19
77	77	NONPROFIT ASSOCIATIO N, CORPORATION , OR OTHER ORGANIZATION THAT : 20
78	78
79	79	1. MEETS THE REQUIREMENT S OF AN INDIVIDUAL 21
80	80	COMMUNITY ASSOCIATIO N UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH ; AND 22
81	81
82	82	2. REPRESENTS TWO OR MOR E INDIVIDUAL COMMUNI TY 23
83	83	ASSOCIATIONS. 24
84	84
85	85	(3) (I) “Local code violation” means a violation under ARTICLE 13, 25
86	86	Title [22.] 7. “Nuisances” OR, EXCEPT AS PROVIDED I N SUBPARAGRAPH (II) OF THIS 26
87	87	PARAGRAPH , ARTICLE 35, “BUILDING AND HOUSING” of the Baltimore County Code 27
88	88	[1988] 2015. 28
89	89
90	90	(II) “LOCAL CODE VIOLATION ” DOES NOT INCLUDE A 29
91	91	VIOLATION UNDER ARTICLE 35, TITLE 4. “RENT ESCROW LAW” OF THE BALTIMORE 30
92	92	COUNTY CODE 2015. 31
93	93
94	94	(4) “Nuisance” means, within the boundaries of the community 32 HOUSE BILL 265 3
95	95
96	96
97	97	represented by the community association, an act or condition created, performed, or 1
98	98	maintained on private property that constitutes a local code violation and that: 2
99	99
100	100	(i) Negatively impacts the well–being of other residents of the 3
101	101	neighborhood; and 4
102	102
103	103	(ii) 1. Is injurious to public health, safety, or welfare of 5
104	104	neighboring residents; or 6
105	105
106	106	2. Obstructs the reasonable use of other property in the 7
107	107	neighborhood. 8
108	108
109	109	(b) This section only applies to a nuisance located within the boundaries of 9
110	110	Baltimore County. 10
111	111
112	112	(c) (1) A community association may seek injunctive and other equitable relief 11
113	113	in the Circuit Court for Baltimore County for abatement of a nuisance upon showing that: 12
114	114
115	115	(i) The notice requirements under paragraphs (2) and (3) of this 13
116	116	subsection have been satisfied; and 14
117	117
118	118	(ii) The nuisance has not been abated. 15
119	119
120	120	(2) (i) An action may not be brought under this section based on a 16
121	121	nuisance until 60 days after the community association gives notice of the violation and of 17
122	122	the community association’s intent to bring an action under this section by certified mail, 18
123	123	return receipt requested, to the County Code enforcement agency. 19
124	124
125	125	(ii) An action under this section may not be brought if the County 20
126	126	Code enforcement agency has filed an action for equitable relief from the nuisance. 21
127	127
128	128	(3) (i) An action may not be brought under this section until 60 days 22
129	129	after the tenant, if any, and owner of record receive notice by certified mail, return receipt 23
130	130	requested, from the community association that a nuisance exists and that legal action may 24
131	131	be taken if the nuisance is not abated. 25
132	132
133	133	(ii) The notice shall specify: 26
134	134
135	135	1. The nature of the alleged nuisance; 27
136	136
137	137	2. The date and time of day the nuisance was first 28
138	138	documented; 29
139	139
140	140	3. The location on the property where the nuisance is 30
141	141	allegedly occurring; and 31
142	142
143	143	4. The relief sought. 32 4 HOUSE BILL 265
144	144
145	145
146	146
147	147	(iii) In filing a suit under this section, an officer of the community 1
148	148	association shall certify to the court: 2
149	149
150	150	1. What steps the community association has taken to satisfy 3
151	151	the notice requirements under this subsection; and 4
152	152
153	153	2. That each condition precedent to the filing of an action 5
154	154	under this section has been met. 6
155	155
156	156	[(4) The court shall determine in what amount and under what conditions, 7
157	157	if any, a bond shall be filed by a community association in an action for relief under this 8
158	158	section.] 9
159	159
160	160	(d) A political subdivision of the State or any agency of a political subdivision is 10
161	161	not subject to any action brought under this section or an action resulting from an action 11
162	162	brought under this section against a private property owner. 12
163	163
164	164	(e) (1) Subject to paragraph (2) of this subsection, this section may not be 13
165	165	construed to abrogate any equitable or legal right or remedy otherwise available under the 14
166	166	law to abate a nuisance. 15
167	167
168	168	(2) This section may not be construed as granting standing for an action: 16
169	169
170	170	(i) Challenging any zoning, development, special exception, or 17
171	171	variance application or approval; 18
172	172
173	173	(ii) In which the alleged nuisance consists of: 19
174	174
175	175	1. A condition relating to lead paint; 20
176	176
177	177	2. An interior physical defect of a property, except in 21
178	178	situations that present a threat to neighboring properties; or 22
179	179
180	180	3. A vacant dwelling that is maintained in a boarded 23
181	181	condition, free from trash and debris, and secure against trespassers and weather entry; 24
182	182
183	183	(iii) Involving any violation of alcoholic beverages laws under the 25
184	184	Alcoholic Beverages Article; or 26
185	185
186	186	(iv) Involving any matter in which a certificate, license, permit, or 27
187	187	registration is required or allowed under the Environment Article. 28
188	188
189	189	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall tak e effect 29
190	190	October 1, 2022. 30
191	191