EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0265*
HOUSE BILL 265
N1 2lr1913
HB 511/20 – ENT
By: Delegate Grammer
Introduced and read first time: January 13, 2022
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Baltimore County – Nuisance Actions – Community Association Standing 2
FOR the purpose of altering the definitions of “community association” and “local code 3
violation” to authorize community associations to seek judicial relief for nuisance 4
abatement in Baltimore County; repealing a provision of law requiring a certain 5
court to determine the amount and conditions of a bond filed by a community 6
association in a certain nuisance action; and generally relating to the right of 7
community associations to seek judicial relief for nuisance abatement in Baltimore 8
County. 9
BY repealing and reenacting, with amendments, 10
Article – Real Property 11
Section 14–125 12
Annotated Code of Maryland 13
(2015 Replacement Volume and 2021 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Real Property 17
14–125. 18
(a) (1) In this section the following words have the meanings indicated. 19
(2) (I) “Community association” means a Maryland nonprofit 20
ASSOCIATION, corporation, OR OTHER ORGANIZATIO N that IS: 21
[(i) Is comprised of at least 20% of the total number of households as 22
members, with a minimum membership of 25 households, of a local community that 23 2 HOUSE BILL 265
consists of 40 or more individual households as defined by specific geographic boundaries 1
in the bylaws or charter of the community association;] 2
1. COMPOSED OF RESIDENTS OF A COMMUNITY 3
DEFINED BY SPECIFIC GEOGRAPHIC BOUNDARIE S IN THE BYLAWS OR CHA RTER OF 4
THE COMMUNITY ASSOCI ATION AND WITHIN WHI CH A NUISANCE IS LOC ATED; 5
[(ii) Requires, as a condition of membership, the payment of 6
monetary dues at least annually;] 7
[(iii)] 2. [Is operated] OPERATED primarily for the promotion of 8
social welfare and general neighborhood improvement and enhancement; 9
[(iv) Has been in existence for at least 1 year when it files suit under 10
this section;] 11
[(v) 1.] 3. [Is exempt] EXEMPT from taxation under § 501(c)(3) or 12
(4) OR § 528 of the Internal Revenue Code; [or 13
2. Has been included for a period of at least 1 year prior to 14
bringing an action under this section in the “Directory of Organizations in Baltimore 15
County” that is published by the Baltimore County Public Library;] and 16
[(vi)] 4. [Is] INCORPORATED AND in good standing WITH THE 17
STATE DEPARTMENT OF ASSESSMENTS AND TAXATION. 18
(II) “COMMUNITY ASSOCIATION ” INCLUDES A MARYLAND 19
NONPROFIT ASSOCIATIO N, CORPORATION , OR OTHER ORGANIZATION THAT : 20
1. MEETS THE REQUIREMENT S OF AN INDIVIDUAL 21
COMMUNITY ASSOCIATIO N UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH ; AND 22
2. REPRESENTS TWO OR MOR E INDIVIDUAL COMMUNI TY 23
ASSOCIATIONS. 24
(3) (I) “Local code violation” means a violation under ARTICLE 13, 25
Title [22.] 7. “Nuisances” OR, EXCEPT AS PROVIDED I N SUBPARAGRAPH (II) OF THIS 26
PARAGRAPH , ARTICLE 35, “BUILDING AND HOUSING” of the Baltimore County Code 27
[1988] 2015. 28
(II) “LOCAL CODE VIOLATION ” DOES NOT INCLUDE A 29
VIOLATION UNDER ARTICLE 35, TITLE 4. “RENT ESCROW LAW” OF THE BALTIMORE 30
COUNTY CODE 2015. 31
(4) “Nuisance” means, within the boundaries of the community 32 HOUSE BILL 265 3
represented by the community association, an act or condition created, performed, or 1
maintained on private property that constitutes a local code violation and that: 2
(i) Negatively impacts the well–being of other residents of the 3
neighborhood; and 4
(ii) 1. Is injurious to public health, safety, or welfare of 5
neighboring residents; or 6
2. Obstructs the reasonable use of other property in the 7
neighborhood. 8
(b) This section only applies to a nuisance located within the boundaries of 9
Baltimore County. 10
(c) (1) A community association may seek injunctive and other equitable relief 11
in the Circuit Court for Baltimore County for abatement of a nuisance upon showing that: 12
(i) The notice requirements under paragraphs (2) and (3) of this 13
subsection have been satisfied; and 14
(ii) The nuisance has not been abated. 15
(2) (i) An action may not be brought under this section based on a 16
nuisance until 60 days after the community association gives notice of the violation and of 17
the community association’s intent to bring an action under this section by certified mail, 18
return receipt requested, to the County Code enforcement agency. 19
(ii) An action under this section may not be brought if the County 20
Code enforcement agency has filed an action for equitable relief from the nuisance. 21
(3) (i) An action may not be brought under this section until 60 days 22
after the tenant, if any, and owner of record receive notice by certified mail, return receipt 23
requested, from the community association that a nuisance exists and that legal action may 24
be taken if the nuisance is not abated. 25
(ii) The notice shall specify: 26
1. The nature of the alleged nuisance; 27
2. The date and time of day the nuisance was first 28
documented; 29
3. The location on the property where the nuisance is 30
allegedly occurring; and 31
4. The relief sought. 32 4 HOUSE BILL 265
(iii) In filing a suit under this section, an officer of the community 1
association shall certify to the court: 2
1. What steps the community association has taken to satisfy 3
the notice requirements under this subsection; and 4
2. That each condition precedent to the filing of an action 5
under this section has been met. 6
[(4) The court shall determine in what amount and under what conditions, 7
if any, a bond shall be filed by a community association in an action for relief under this 8
section.] 9
(d) A political subdivision of the State or any agency of a political subdivision is 10
not subject to any action brought under this section or an action resulting from an action 11
brought under this section against a private property owner. 12
(e) (1) Subject to paragraph (2) of this subsection, this section may not be 13
construed to abrogate any equitable or legal right or remedy otherwise available under the 14
law to abate a nuisance. 15
(2) This section may not be construed as granting standing for an action: 16
(i) Challenging any zoning, development, special exception, or 17
variance application or approval; 18
(ii) In which the alleged nuisance consists of: 19
1. A condition relating to lead paint; 20
2. An interior physical defect of a property, except in 21
situations that present a threat to neighboring properties; or 22
3. A vacant dwelling that is maintained in a boarded 23
condition, free from trash and debris, and secure against trespassers and weather entry; 24
(iii) Involving any violation of alcoholic beverages laws under the 25
Alcoholic Beverages Article; or 26
(iv) Involving any matter in which a certificate, license, permit, or 27
registration is required or allowed under the Environment Article. 28
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall tak e effect 29
October 1, 2022. 30