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.
*hb0166*
HOUSE BILL 166
N1 3lr1423
HB 265/22 – ENT
By: Delegate Grammer
Introduced and read first time: January 16, 2023
Assigned to: Environment and Transportation
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 13, 2023
CHAPTER ______
AN ACT concerning 1
Baltimore County – Nuisance Actions – Community Association Standing 2
Workgroup to Study Community Association Standing in Nuisance Actions in 3
Baltimore County 4
FOR the purpose of altering the definitions of “community association” and “local code 5
violation” to authorize community associations to seek judicial relief for nuisance 6
abatement in Baltimore County; repealing a provision of law requiring a certain 7
court to determine the amount and conditions of a bond filed by a community 8
association in a certain nuisance action; and generally relating to the right of 9
community associations to seek judicial relief for nuisance abatement establishing 10
the Workgroup to Study Community Association Standing in Nuisance Actions in 11
Baltimore County; providing for the composition, chair, public meetings, and staffing 12
of the Workgroup; requiring the Workgroup to study and make recommendations 13
regarding the right of community associations to seek judicial relief for nuisance 14
abatement in Baltimore County; requiring the Workgroup to submit a final report to 15
the members of the Baltimore County Delegation to the General Assembly on or 16
before a certain date; and generally relating to the Workgroup to Study Community 17
Association Standing in Nuisance Actions in Baltimore County. 18
BY repealing and reenacting, with amendments, 19
Article – Real Property 20
Section 14–125 21
Annotated Code of Maryland 22
(2015 Replacement Volume and 2022 Supplement) 23
2 HOUSE BILL 166
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Real Property 3
14–125. 4
(a) (1) In this section the following words have the meanings indicated. 5
(2) (I) “Community association” means a Maryland nonprofit 6
ASSOCIATION, corporation, OR OTHER ORGANIZATIO N that IS: 7
[(i) Is comprised of at least 20% of the total number of households as 8
members, with a minimum membership of 25 households, of a local community that 9
consists of 40 or more individual households as defined by specific geographic boundaries 10
in the bylaws or charter of the community association;] 11
1. COMPOSED OF RESIDENTS OF A COMMUNITY 12
DEFINED BY SPECIFIC GEOGRAPHIC BOUNDARIES I N THE BYLAWS OR CHAR TER OF 13
THE COMMUNITY ASSOCI ATION AND WITHIN WHI CH A NUISANCE IS LOC ATED; 14
[(ii) Requires, as a condition of membership, the payment of 15
monetary dues at least annually;] 16
[(iii)] 2. [Is operated] OPERATED primarily for the promotion of 17
social welfare and general neighborhood improvement and enhancement; 18
[(iv) Has been in existence for at least 1 year when it files suit under 19
this section;] 20
[(v) 1.] 3. [Is exempt] EXEMPT from taxation under § 501(c)(3) or 21
(4) OR § 528 of the Internal Revenue Code; [or 22
2. Has been included for a period of at least 1 year prior to 23
bringing an action under this section in the “Directory of Organizations in Baltimore 24
County” that is published by the Baltimore County Public Library;] and 25
[(vi)] 4. [Is] INCORPORATED AND in good standing WITH THE 26
STATE DEPARTMENT OF ASSESSMENTS AND TAXATION. 27
(II) “COMMUNITY ASSOCIATION ” INCLUDES A MARYLAND 28
NONPROFIT ASSOCIATIO N, CORPORATION , OR OTHER ORGANIZATION THAT : 29
1. MEETS THE REQUIREMENT S OF AN INDIVIDUAL 30
COMMUNITY ASSOCIATIO N UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH ; AND 31 HOUSE BILL 166 3
2. REPRESENTS TWO OR MOR E INDIVIDUAL COMMUNI TY 1
ASSOCIATIONS. 2
(3) (I) “Local code violation” means a violation under ARTICLE 13, 3
Title [22.] 7. “Nuisances” OR, EXCEPT AS PROVIDED I N SUBPARAGRAPH (II) OF THIS 4
PARAGRAPH , ARTICLE 35, “BUILDING AND HOUSING” of the Baltimore County Code 5
[1988] 2015. 6
(II) “LOCAL CODE VIOLATION” DOES NOT INCLUDE A 7
VIOLATION UNDER ARTICLE 35, TITLE 4. “RENT ESCROW LAW” OF THE BALTIMORE 8
COUNTY CODE 2015. 9
(4) “Nuisance” means, within the boundaries of the community 10
represented by the community association, an act or condition created, performed, or 11
maintained on private property that constitutes a local code violation and that: 12
(i) Negatively impacts the well–being of other residents of the 13
neighborhood; and 14
(ii) 1. Is injurious to public health, safety, or welfare of 15
neighboring residents; or 16
2. Obstructs the reasonable use of other property in the 17
neighborhood. 18
(b) This section only applies to a nuisance located within the boundaries of 19
Baltimore County. 20
(c) (1) A community association may seek injunctive and other equitable relief 21
in the Circuit Court for Baltimore County for abatement of a nuisance upon showing that: 22
(i) The notice requirements under paragraphs (2) and (3) of this 23
subsection have been satisfied; and 24
(ii) The nuisance has not been abated. 25
(2) (i) An action may not be brought under this section based on a 26
nuisance until 60 days after the community association gives notice of the violation and of 27
the community association’s intent to bring an action under this section by certified mail, 28
return receipt requested, to the County Code enforcement agency. 29
(ii) An action under this section may not be brought if the County 30
Code enforcement agency has filed an action for equitable relief from the nuisance. 31
4 HOUSE BILL 166
(3) (i) An action may not be brought under this section until 60 days 1
after the tenant, if any, and owner of record receive notice by certified mail, return receipt 2
requested, from the community association that a nuisance exists and that legal action may 3
be taken if the nuisance is not abated. 4
(ii) The notice shall specify: 5
1. The nature of the alleged nuisance; 6
2. The date and time of day the nuisance was first 7
documented; 8
3. The location on the property where the nuisance is 9
allegedly occurring; and 10
4. The relief sought. 11
(iii) In filing a suit under this section, an officer of the community 12
association shall certify to the court: 13
1. What steps the community association has taken to satisfy 14
the notice requirements under this subsection; and 15
2. That each condition precedent to the filing of an action 16
under this section has been met. 17
[(4) The court shall determine in what amount and under what conditions, 18
if any, a bond shall be filed by a community association in an action for relief under this 19
section.] 20
(d) A political subdivision of the State or any agency of a political subdivision is 21
not subject to any action brought under this section or an action resulting from an action 22
brought under this section against a private property owner. 23
(e) (1) Subject to paragraph (2) of this subsection, this section may not be 24
construed to abrogate any equitable or legal right or remedy otherwise available under the 25
law to abate a nuisance. 26
(2) This section may not be construed as granting standing for an action: 27
(i) Challenging any zoning, development, special exception, or 28
variance application or approval; 29
(ii) In which the alleged nuisance consists of: 30
1. A condition relating to lead paint; 31
HOUSE BILL 166 5
2. An interior physical defect of a property, except in 1
situations that present a threat to neighboring properties; or 2
3. A vacant dwelling that is maintained in a boarded 3
condition, free from trash and debris, and secure against trespassers and weather entry; 4
(iii) Involving any violation of alcoholic beverages laws under the 5
Alcoholic Beverages Article; or 6
(iv) Involving any matter in which a certificate, license, permit, or 7
registration is required or allowed under the Environment Article. 8
SECTION 2. AND BE IT FURTHER ENACTED, That this Act sha ll take effect 9
October 1, 2023. 10
(a) There is a Workgroup to Study Community Association Standing in Nuisance 11
Actions in Baltimore County. 12
(b) The Workgroup consists of the following members: 13
(1) one member of the Baltimore County Senate Delegation, appointed by 14
the President of the Senate; 15
(2) one member of the Baltimore County House Delegation, appointed by 16
the Speaker of the House; 17
(3) the County Executive for Baltimore County, or the County Executive’s 18
designee; 19
(4) the Chair of the Baltimore County Council, or the Chair’s designee; 20
(5) the following members, appointed by the County Executive for 21
Baltimore County: 22
(i) one representative of the Baltimore County Department of 23
Health; 24
(ii) one representative of the Baltimore County Department of 25
Housing and Community Development; 26
(iii) one representative of the Baltimore County Department of 27
Permits, Approvals, and Inspections; and 28
(iv) one representative of the Baltimore County Office of Law; and 29
(6) the following members, appointed by the Chair of the Baltimore County 30
Council: 31 6 HOUSE BILL 166
(i) one representative of the Maryland Association of Realtors who 1
resides and works in Baltimore County; 2
(ii) two members who are residents of B altimore County and 3
members of different community associations, as defined in § 14–125 of the Real Property 4
Article; and 5
(iii) two residents of Baltimore County who are not members of a 6
community association, as defined in § 14–125 of the Real Property Article. 7
(c) The County Executive for Baltimore County shall designate the chair of the 8
Workgroup. 9
(d) The _Baltimore County Department of Housing and Community Development 10
shall provide staff for the Workgroup. 11
(e) A member of the Workgroup: 12
(1) may not receive compensation as a member of the Workgroup; but 13
(2) is entitled to reimbursement for expenses under the Standard State 14
Travel Regulations, as provided in the State budget. 15
(f) (1) The Workgroup shall: 16
(i) study the current process by which a community association in 17
Baltimore County may seek injunctive and other equitable relief for abatement of a 18
nuisance; and 19
(ii) make recommendations for altering the requirements for 20
Baltimore County with regard to the composition of a community association necessary to 21
establish standing for nuisance actions, including recommendations on: 22
1. the percentage of households in the community that must 23
participate in the community association; 24
2. minimum membership requirements for a community 25
association in the county; 26
3. standards for effectively defining the geographic 27
boundaries served by a community association, including any requirement for a minimum 28
number of individual households that must be included in the community; 29
4. whether the payment of monetary dues should be a 30
condition of membership in a community association; and 31
HOUSE BILL 166 7
5. any period of time that a community association must be 1
in existence prior to filing an action for injunctive and other equitable relief for abatement 2
of a nuisance. 3
(2) The recommendations of the Workgroup shall be designed to facilitate 4
the social welfare and general neighborhood improvement and enhancement of the 5
communities served by the community association while maintaining requirements for 6
verifiable evidence that a community association legitimately represents a community. 7
(g) (1) To facilitate community engagement, the Workgroup shall hold at least 8
three public meetings at which members of the general public may provide comment on the 9
work of the Workgroup. 10
(2) During a meeting at which the agenda is limited to specific topics, the 11
Workgroup may limit public comment to the topics listed on the meeting agenda. 12
(3) The Workgroup shall convene at least one meeting at which the agenda 13
is open to any matter relating to the recommendations of the Workgroup under subsection 14
(f)(1) of this section. 15
(h) On or before January 1, 2024, the Workgroup shall report its findings and 16
recommendations to the members of the Baltimore County Delegation to the General 17
Assembly in accordance with § 2–1257 of the State Government Article. 18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 19
1, 2023. It shall remain effective for a period of 1 year and 1 month and, at the end of June 20
30, 2024, this Act, with no further action required by the General Assembly, shall be 21
abrogated and of no further force and effect. 22
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.