EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
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SENATE BILL 226
P5 EMERGENCY BILL 2lr1559
By: The President (By Request – Department of Legislative Services)
Introduced and read first time: January 12, 2022
Assigned to: Rules
A BILL ENTITLED
AN ACT concerning 1
Annual Curative Bill 2
FOR the purpose of generally curing previous Acts of the General Assembly with possible 3
title defects; prohibiting a recorded covenant or restriction, a provision in a 4
declaration, or a provision in the bylaws or rules of a condominium association from 5
prohibiting or unreasonably restricting a certain owner from contracting with a 6
private entity for the collection of organic waste materials for composting at a 7
composting facility; prohibiting a recorded covenant or restriction, a provision in a 8
declaration, or a provision in the bylaws or rules of a homeowners association from 9
prohibiting or unreasonably restricting a certain owner from composting organic 10
waste materials for certain uses under certain circumstances or contracting with a 11
private entity for the collection of organic waste materials for composting at a 12
composting facility; and generally repealing and reenacting without amendments 13
certain Acts of the General Assembly that may be subject to possible title defects in 14
order to validate those Acts. 15
BY repealing and reenacting, without amendments, 16
Article – Real Property 17
Section 11–111.5(b) and 11B–111.9(b) 18
Annotated Code of Maryland 19
(2015 Replacement Volume and 2021 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Real Property 23
11–111.5. 24
(b) A recorded covenant or restriction, a provision in a declaration, or a provision 25
in the bylaws or rules of a condominium may not prohibit or unreasonably restrict a unit 26 2 SENATE BILL 226
owner from contracting with a private entity to collect organic waste materials from the 1
unit owner for composting at a composting facility. 2
11B–111.9. 3
(b) A recorded covenant or restriction, a provision in a declaration, or a provision 4
in the bylaws or rules of a homeowners association may not prohibit or unreasonably 5
restrict a lot owner from: 6
(1) Composting organic waste materials for the lot owner’s personal or 7
household use, provided that the lot owner: 8
(i) Owns or has the right to exclusive use of the area where the 9
composting is conducted; and 10
(ii) Observes all laws, ordinances, and regulations of the State and 11
local jurisdiction that pertain to composting; or 12
(2) Contracting with a private entity to collect organic waste materials 13
from the lot owner for composting at a composting facility. 14
DRAFTER’S NOTE: 15
Error: Purpose paragraph of bill being cured failed to accurately describe the changes 16
made by the bill. 17
Occurred: Chapter 459 (House Bill 248) of the Acts of 2021. 18
SECTION 2. AND BE IT FURTHER ENACTED, That the Drafter’s Notes contained 19
in this Act are not law and may not be considered to have been enacted as part of this Act. 20
SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 21
measure, is necessary for the immediate preservation of the public health or safety, has 22
been passed by a yea and nay vote supported by three–fifths of all the members elected to 23
each of the two Houses of the General Assembly, and shall take effect from the date it is 24
enacted. 25