LAWRENCE J. HOGAN, JR., Governor Ch. 134
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Chapter 134
(Senate Bill 226)
AN ACT concerning
Annual Curative Bill
FOR the purpose of generally curing previous Acts of the General Assembly with possible
title defects; prohibiting a recorded covenant or restriction, a provision in a
declaration, or a provision in the bylaws or rules of a condominium association from
prohibiting or unreasonably restricting a certain owner from contracting with a
private entity for the collection of organic waste materials for composting at a
composting facility; prohibiting a recorded covenant or restriction, a provision in a
declaration, or a provision in the bylaws or rules of a homeowners association from
prohibiting or unreasonably restricting a certain owner from composting organic
waste materials for certain uses under certain circumstances or contracting with a
private entity for the collection of organic waste materials for composting at a
composting facility; and generally repealing and reenacting without amendments
certain Acts of the General Assembly that may be subject to possible title defects in
order to validate those Acts.
BY repealing and reenacting, without amendments,
Article – Real Property
Section 11–111.5(b) and 11B–111.9(b)
Annotated Code of Maryland
(2015 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Real Property
11–111.5.
(b) A recorded covenant or restriction, a provision in a declaration, or a provision
in the bylaws or rules of a condominium may not prohibit or unreasonably restrict a unit
owner from contracting with a private entity to collect organic waste materials from the
unit owner for composting at a composting facility.
11B–111.9.
(b) A recorded covenant or restriction, a provision in a declaration, or a provision
in the bylaws or rules of a homeowners association may not prohibit or unreasonably
restrict a lot owner from:
(1) Composting organic waste materials for the lot owner’s personal or Ch. 134 2022 LAWS OF MARYLAND
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household use, provided that the lot owner:
(i) Owns or has the right to exclusive use of the area where the
composting is conducted; and
(ii) Observes all laws, ordinances, and regulations of the State and
local jurisdiction that pertain to composting; or
(2) Contracting with a private entity to collect organic waste materials
from the lot owner for composting at a composting facility.
DRAFTER’S NOTE:
Error: Purpose paragraph of bill being cured failed to accurately describe the changes
made by the bill.
Occurred: Chapter 459 (House Bill 248) of the Acts of 2021.
SECTION 2. AND BE IT FURTHER ENACTED, That the Drafter’s Notes contained
in this Act are not law and may not be considered to have been enacted as part of this Act.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency
measure, is necessary for the immediate preservation of the public health or safety, has
been passed by a yea and nay vote supported by three–fifths of all the members elected to
each of the two Houses of the General Assembly, and shall take effect from the date it is
enacted.
Approved by the Governor, April 12, 2022.