EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
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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
Committee Report: Favorable
Senate action: Adopted
Read second time: February 21, 2022
CHAPTER ______
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
2 SENATE BILL 226
Article – Real Property 1
11–111.5. 2
(b) A recorded covenant or restriction, a provision in a declaration, or a provision 3
in the bylaws or rules of a condominium may not prohibit or unreasonably restrict a unit 4
owner from contracting with a private entity to collect organic waste materials from the 5
unit owner for composting at a composting facility. 6
11B–111.9. 7
(b) A recorded covenant or restriction, a provision in a declaration, or a provision 8
in the bylaws or rules of a homeowners association may not prohibit or unreasonably 9
restrict a lot owner from: 10
(1) Composting organic waste materials for the lot owner’s personal or 11
household use, provided that the lot owner: 12
(i) Owns or has the right to exclusive use of the area where the 13
composting is conducted; and 14
(ii) Observes all laws, ordinances, and regulations of the State and 15
local jurisdiction that pertain to composting; or 16
(2) Contracting with a private entity to collect organic waste materials 17
from the lot owner for composting at a composting facility. 18
DRAFTER’S NOTE: 19
Error: Purpose paragraph of bill being cured failed to accurately describe the changes 20
made by the bill. 21
Occurred: Chapter 459 (House Bill 248) of the Acts of 2021. 22
SECTION 2. AND BE IT FURTHER ENACTED, That the Drafter’s Notes contained 23
in this Act are not law and may not be considered to have been enacted as part of this Act. 24
SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 25
measure, is necessary for the immediate preservation of the public health or safety, has 26
been passed by a yea and nay vote supported by three–fifths of all the members elected to 27
each of the two Houses of the General Assembly, and shall take effect from the date it is 28
enacted. 29