MD
Maryland House Bill HB166

Maryland 2023 Regular Session

Maryland House Bill HB166 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *hb0166*
96
107 HOUSE BILL 166
118 N1 3lr1423
129 HB 265/22 – ENT
1310 By: Delegate Grammer
1411 Introduced and read first time: January 16, 2023
1512 Assigned to: Environment and Transportation
16-Committee Report: Favorable with amendments
17-House action: Adopted
18-Read second time: March 13, 2023
1913
20-CHAPTER ______
14+A BILL ENTITLED
2115
2216 AN ACT concerning 1
2317
2418 Baltimore County – Nuisance Actions – Community Association Standing 2
25-Workgroup to Study Community Association Standing in Nuisance Actions in 3
26-Baltimore County 4
2719
28-FOR the purpose of altering the definitions of “community association” and “local code 5
29-violation” to authorize community associations to seek judicial relief for nuisance 6
30-abatement in Baltimore County; repealing a provision of law requiring a certain 7
31-court to determine the amount and conditions of a bond filed by a community 8
32-association in a certain nuisance action; and generally relating to the right of 9
33-community associations to seek judicial relief for nuisance abatement establishing 10
34-the Workgroup to Study Community Association Standing in Nuisance Actions in 11
35-Baltimore County; providing for the composition, chair, public meetings, and staffing 12
36-of the Workgroup; requiring the Workgroup to study and make recommendations 13
37-regarding the right of community associations to seek judicial relief for nuisance 14
38-abatement in Baltimore County; requiring the Workgroup to submit a final report to 15
39-the members of the Baltimore County Delegation to the General Assembly on or 16
40-before a certain date; and generally relating to the Workgroup to Study Community 17
41-Association Standing in Nuisance Actions in Baltimore County. 18
20+FOR the purpose of altering the definitions of “community association” and “local code 3
21+violation” to authorize community associations to seek judicial relief for nuisance 4
22+abatement in Baltimore County; repealing a provision of law requiring a certain 5
23+court to determine the amount and conditions of a bond filed by a community 6
24+association in a certain nuisance action; and generally relating to the right of 7
25+community associations to seek judicial relief for nuisance abatement in Baltimore 8
26+County. 9
4227
43-BY repealing and reenacting, with amendments, 19
44- Article – Real Property 20
45-Section 14–125 21
46- Annotated Code of Maryland 22
47- (2015 Replacement Volume and 2022 Supplement) 23
48- 2 HOUSE BILL 166
28+BY repealing and reenacting, with amendments, 10
29+ Article – Real Property 11
30+Section 14–125 12
31+ Annotated Code of Maryland 13
32+ (2015 Replacement Volume and 2022 Supplement) 14
33+
34+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
35+That the Laws of Maryland read as follows: 16
36+
37+Article – Real Property 17
38+
39+14–125. 18
40+
41+ (a) (1) In this section the following words have the meanings indicated. 19
42+
43+ (2) (I) “Community association” means a Maryland nonprofit 20
44+ASSOCIATION, corporation, OR OTHER ORGANIZATIO N that IS: 21
45+
46+ [(i) Is comprised of at least 20% of the total number of households as 22
47+members, with a minimum membership of 25 households, of a local community that 23 2 HOUSE BILL 166
4948
5049
51- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
52-That the Laws of Maryland read as follows: 2
50+consists of 40 or more individual households as defined by specific geographic boundaries 1
51+in the bylaws or charter of the community association;] 2
5352
54-Article – Real Property 3
53+ 1. COMPOSED OF RESIDENTS OF A COMMUNITY 3
54+DEFINED BY SPECIFIC GEOGRAPHIC BOUNDARIE S IN THE BYLAWS OR C HARTER OF 4
55+THE COMMUNITY ASSOCI ATION AND WITHIN WHI CH A NUISANCE IS LOC ATED; 5
5556
56-14–125. 4
57+ [(ii) Requires, as a condition of membership, the payment of 6
58+monetary dues at least annually;] 7
5759
58- (a) (1) In this section the following words have the meanings indicated. 5
60+ [(iii)] 2. [Is operated] OPERATED primarily for the promotion of 8
61+social welfare and general neighborhood improvement and enhancement; 9
5962
60- (2) (I) “Community association” means a Maryland nonprofit 6
61-ASSOCIATION, corporation, OR OTHER ORGANIZATIO N that IS: 7
63+ [(iv) Has been in existence for at least 1 year when it files suit under 10
64+this section;] 11
6265
63- [(i) Is comprised of at least 20% of the total number of households as 8
64-members, with a minimum membership of 25 households, of a local community that 9
65-consists of 40 or more individual households as defined by specific geographic boundaries 10
66-in the bylaws or charter of the community association;] 11
66+ [(v) 1.] 3. [Is exempt] EXEMPT from taxation under § 501(c)(3) or 12
67+(4) OR § 528 of the Internal Revenue Code; [or 13
6768
68- 1. COMPOSED OF RESIDENTS OF A COMMUNITY 12
69-DEFINED BY SPECIFIC GEOGRAPHIC BOUNDARIES I N THE BYLAWS OR CHAR TER OF 13
70-THE COMMUNITY ASSOCI ATION AND WITHIN WHI CH A NUISANCE IS LOC ATED; 14
69+ 2. Has been included for a period of at least 1 year prior to 14
70+bringing an action under this section in the “Directory of Organizations in Baltimore 15
71+County” that is published by the Baltimore County Public Library;] and 16
7172
72- [(ii) Requires, as a condition of membership, the payment of 15
73-monetary dues at least annually;] 16
73+ [(vi)] 4. [Is] INCORPORATED AND in good standing WITH THE 17
74+STATE DEPARTMENT OF ASSESSMENTS AND TAXATION. 18
7475
75- [(iii)] 2. [Is operated] OPERATED primarily for the promotion of 17
76-social welfare and general neighborhood improvement and enhancement; 18
76+ (II) “COMMUNITY ASSOCIATI ON” INCLUDES A MARYLAND 19
77+NONPROFIT ASSOCIATIO N, CORPORATION , OR OTHER ORGANIZATIO N THAT: 20
7778
78- [(iv) Has been in existence for at least 1 year when it files suit under 19
79-this section;] 20
79+ 1. MEETS THE REQUIREMENT S OF AN INDIVIDUAL 21
80+COMMUNITY ASSOCIATIO N UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH ; AND 22
8081
81- [(v) 1.] 3. [Is exempt] EXEMPT from taxation under § 501(c)(3) or 21
82-(4) OR § 528 of the Internal Revenue Code; [or 22
82+ 2. REPRESENTS TWO OR MOR E INDIVIDUAL COMMUNI TY 23
83+ASSOCIATIONS. 24
8384
84- 2. Has been included for a period of at least 1 year prior to 23
85-bringing an action under this section in the “Directory of Organizations in Baltimore 24
86-County” that is published by the Baltimore County Public Library;] and 25
85+ (3) (I) “Local code violation” means a violation under ARTICLE 13, 25
86+Title [22.] 7. “Nuisances” OR, EXCEPT AS PROVIDED I N SUBPARAGRAPH (II) OF THIS 26
87+PARAGRAPH , ARTICLE 35, “BUILDING AND HOUSING” of the Baltimore County Code 27
88+[1988] 2015. 28
8789
88- [(vi)] 4. [Is] INCORPORATED AND in good standing WITH THE 26
89-STATE DEPARTMENT OF ASSESSMENTS AND TAXATION. 27
90+ (II) “LOCAL CODE VIOLATION ” DOES NOT INCLUDE A 29
91+VIOLATION UNDER ARTICLE 35, TITLE 4. “RENT ESCROW LAW” OF THE BALTIMORE 30
92+COUNTY CODE 2015. 31
9093
91- (II) “COMMUNITY ASSOCIATION ” INCLUDES A MARYLAND 28
92-NONPROFIT ASSOCIATIO N, CORPORATION , OR OTHER ORGANIZATION THAT : 29
94+ (4) “Nuisance” means, within the boundaries of the community 32 HOUSE BILL 166 3
9395
94- 1. MEETS THE REQUIREMENT S OF AN INDIVIDUAL 30
95-COMMUNITY ASSOCIATIO N UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH ; AND 31 HOUSE BILL 166 3
96+
97+represented by the community association, an act or condition created, performed, or 1
98+maintained on private property that constitutes a local code violation and that: 2
99+
100+ (i) Negatively impacts the well–being of other residents of the 3
101+neighborhood; and 4
102+
103+ (ii) 1. Is injurious to public health, safety, or welfare of 5
104+neighboring residents; or 6
105+
106+ 2. Obstructs the reasonable use of other property in the 7
107+neighborhood. 8
108+
109+ (b) This section only applies to a nuisance located within the boundaries of 9
110+Baltimore County. 10
111+
112+ (c) (1) A community association may seek injunctive and other equitable relief 11
113+in the Circuit Court for Baltimore County for abatement of a nuisance upon showing that: 12
114+
115+ (i) The notice requirements under paragraphs (2) and (3) of this 13
116+subsection have been satisfied; and 14
117+
118+ (ii) The nuisance has not been abated. 15
119+
120+ (2) (i) An action may not be brought under this section based on a 16
121+nuisance until 60 days after the community association gives notice of the violation and of 17
122+the community association’s intent to bring an action under this section by certified mail, 18
123+return receipt requested, to the County Code enforcement agency. 19
124+
125+ (ii) An action under this section may not be brought if the County 20
126+Code enforcement agency has filed an action for equitable relief from the nuisance. 21
127+
128+ (3) (i) An action may not be brought under this section until 60 days 22
129+after the tenant, if any, and owner of record receive notice by certified mail, return receipt 23
130+requested, from the community association that a nuisance exists and that legal action may 24
131+be taken if the nuisance is not abated. 25
132+
133+ (ii) The notice shall specify: 26
134+
135+ 1. The nature of the alleged nuisance; 27
136+
137+ 2. The date and time of day the nuisance was first 28
138+documented; 29
139+
140+ 3. The location on the property where the nuisance is 30
141+allegedly occurring; and 31
142+
143+ 4. The relief sought. 32 4 HOUSE BILL 166
96144
97145
98146
99- 2. REPRESENTS TWO OR MOR E INDIVIDUAL COMMUNI TY 1
100-ASSOCIATIONS. 2
147+ (iii) In filing a suit under this section, an officer of the community 1
148+association shall certify to the court: 2
101149
102- (3) (I) “Local code violation” means a violation under ARTICLE 13, 3
103-Title [22.] 7. “Nuisances” OR, EXCEPT AS PROVIDED I N SUBPARAGRAPH (II) OF THIS 4
104-PARAGRAPH , ARTICLE 35, “BUILDING AND HOUSING” of the Baltimore County Code 5
105-[1988] 2015. 6
150+ 1. What steps the community association has taken to satisfy 3
151+the notice requirements under this subsection; and 4
106152
107- (II) “LOCAL CODE VIOLATION” DOES NOT INCLUDE A 7
108-VIOLATION UNDER ARTICLE 35, TITLE 4. “RENT ESCROW LAW” OF THE BALTIMORE 8
109-COUNTY CODE 2015. 9
153+ 2. That each condition precedent to the filing of an action 5
154+under this section has been met. 6
110155
111- (4) “Nuisance” means, within the boundaries of the community 10
112-represented by the community association, an act or condition created, performed, or 11
113-maintained on private property that constitutes a local code violation and that: 12
156+ [(4) The court shall determine in what amount and under what conditions, 7
157+if any, a bond shall be filed by a community association in an action for relief under this 8
158+section.] 9
114159
115- (i) Negatively impacts the well–being of other residents of the 13
116-neighborhood; and 14
160+ (d) A political subdivision of the State or any agency of a political subdivision is 10
161+not subject to any action brought under this section or an action resulting from an action 11
162+brought under this section against a private property owner. 12
117163
118- (ii) 1. Is injurious to public health, safety, or welfare of 15
119-neighboring residents; or 16
164+ (e) (1) Subject to paragraph (2) of this subsection, this section may not be 13
165+construed to abrogate any equitable or legal right or remedy otherwise available under the 14
166+law to abate a nuisance. 15
120167
121- 2. Obstructs the reasonable use of other property in the 17
122-neighborhood. 18
168+ (2) This section may not be construed as granting standing for an action: 16
123169
124- (b) This section only applies to a nuisance located within the boundaries of 19
125-Baltimore County. 20
170+ (i) Challenging any zoning, development, special exception, or 17
171+variance application or approval; 18
126172
127- (c) (1) A community association may seek injunctive and other equitable relief 21
128-in the Circuit Court for Baltimore County for abatement of a nuisance upon showing that: 22
173+ (ii) In which the alleged nuisance consists of: 19
129174
130- (i) The notice requirements under paragraphs (2) and (3) of this 23
131-subsection have been satisfied; and 24
175+ 1. A condition relating to lead paint; 20
132176
133- (ii) The nuisance has not been abated. 25
177+ 2. An interior physical defect of a property, except in 21
178+situations that present a threat to neighboring properties; or 22
134179
135- (2) (i) An action may not be brought under this section based on a 26
136-nuisance until 60 days after the community association gives notice of the violation and of 27
137-the community association’s intent to bring an action under this section by certified mail, 28
138-return receipt requested, to the County Code enforcement agency. 29
180+ 3. A vacant dwelling that is maintained in a boarded 23
181+condition, free from trash and debris, and secure against trespassers and weather entry; 24
139182
140- (ii) An action under this section may not be brought if the County 30
141-Code enforcement agency has filed an action for equitable relief from the nuisance. 31
142- 4 HOUSE BILL 166
183+ (iii) Involving any violation of alcoholic beverages laws under the 25
184+Alcoholic Beverages Article; or 26
143185
186+ (iv) Involving any matter in which a certificate, license, permit, or 27
187+registration is required or allowed under the Environment Article. 28
144188
145- (3) (i) An action may not be brought under this section until 60 days 1
146-after the tenant, if any, and owner of record receive notice by certified mail, return receipt 2
147-requested, from the community association that a nuisance exists and that legal action may 3
148-be taken if the nuisance is not abated. 4
149-
150- (ii) The notice shall specify: 5
151-
152- 1. The nature of the alleged nuisance; 6
153-
154- 2. The date and time of day the nuisance was first 7
155-documented; 8
156-
157- 3. The location on the property where the nuisance is 9
158-allegedly occurring; and 10
159-
160- 4. The relief sought. 11
161-
162- (iii) In filing a suit under this section, an officer of the community 12
163-association shall certify to the court: 13
164-
165- 1. What steps the community association has taken to satisfy 14
166-the notice requirements under this subsection; and 15
167-
168- 2. That each condition precedent to the filing of an action 16
169-under this section has been met. 17
170-
171- [(4) The court shall determine in what amount and under what conditions, 18
172-if any, a bond shall be filed by a community association in an action for relief under this 19
173-section.] 20
174-
175- (d) A political subdivision of the State or any agency of a political subdivision is 21
176-not subject to any action brought under this section or an action resulting from an action 22
177-brought under this section against a private property owner. 23
178-
179- (e) (1) Subject to paragraph (2) of this subsection, this section may not be 24
180-construed to abrogate any equitable or legal right or remedy otherwise available under the 25
181-law to abate a nuisance. 26
182-
183- (2) This section may not be construed as granting standing for an action: 27
184-
185- (i) Challenging any zoning, development, special exception, or 28
186-variance application or approval; 29
187-
188- (ii) In which the alleged nuisance consists of: 30
189-
190- 1. A condition relating to lead paint; 31
191- HOUSE BILL 166 5
192-
193-
194- 2. An interior physical defect of a property, except in 1
195-situations that present a threat to neighboring properties; or 2
196-
197- 3. A vacant dwelling that is maintained in a boarded 3
198-condition, free from trash and debris, and secure against trespassers and weather entry; 4
199-
200- (iii) Involving any violation of alcoholic beverages laws under the 5
201-Alcoholic Beverages Article; or 6
202-
203- (iv) Involving any matter in which a certificate, license, permit, or 7
204-registration is required or allowed under the Environment Article. 8
205-
206- SECTION 2. AND BE IT FURTHER ENACTED, That this Act sha ll take effect 9
207-October 1, 2023. 10
208-
209- (a) There is a Workgroup to Study Community Association Standing in Nuisance 11
210-Actions in Baltimore County. 12
211-
212- (b) The Workgroup consists of the following members: 13
213-
214- (1) one member of the Baltimore County Senate Delegation, appointed by 14
215-the President of the Senate; 15
216-
217- (2) one member of the Baltimore County House Delegation, appointed by 16
218-the Speaker of the House; 17
219-
220- (3) the County Executive for Baltimore County, or the County Executive’s 18
221-designee; 19
222-
223- (4) the Chair of the Baltimore County Council, or the Chair’s designee; 20
224-
225- (5) the following members, appointed by the County Executive for 21
226-Baltimore County: 22
227-
228- (i) one representative of the Baltimore County Department of 23
229-Health; 24
230-
231- (ii) one representative of the Baltimore County Department of 25
232-Housing and Community Development; 26
233-
234- (iii) one representative of the Baltimore County Department of 27
235-Permits, Approvals, and Inspections; and 28
236-
237- (iv) one representative of the Baltimore County Office of Law; and 29
238-
239- (6) the following members, appointed by the Chair of the Baltimore County 30
240-Council: 31 6 HOUSE BILL 166
241-
242-
243-
244- (i) one representative of the Maryland Association of Realtors who 1
245-resides and works in Baltimore County; 2
246-
247- (ii) two members who are residents of B altimore County and 3
248-members of different community associations, as defined in § 14–125 of the Real Property 4
249-Article; and 5
250-
251- (iii) two residents of Baltimore County who are not members of a 6
252-community association, as defined in § 14–125 of the Real Property Article. 7
253-
254- (c) The County Executive for Baltimore County shall designate the chair of the 8
255-Workgroup. 9
256-
257- (d) The _Baltimore County Department of Housing and Community Development 10
258-shall provide staff for the Workgroup. 11
259-
260- (e) A member of the Workgroup: 12
261-
262- (1) may not receive compensation as a member of the Workgroup; but 13
263-
264- (2) is entitled to reimbursement for expenses under the Standard State 14
265-Travel Regulations, as provided in the State budget. 15
266-
267- (f) (1) The Workgroup shall: 16
268-
269- (i) study the current process by which a community association in 17
270-Baltimore County may seek injunctive and other equitable relief for abatement of a 18
271-nuisance; and 19
272-
273- (ii) make recommendations for altering the requirements for 20
274-Baltimore County with regard to the composition of a community association necessary to 21
275-establish standing for nuisance actions, including recommendations on: 22
276-
277- 1. the percentage of households in the community that must 23
278-participate in the community association; 24
279-
280- 2. minimum membership requirements for a community 25
281-association in the county; 26
282-
283- 3. standards for effectively defining the geographic 27
284-boundaries served by a community association, including any requirement for a minimum 28
285-number of individual households that must be included in the community; 29
286-
287- 4. whether the payment of monetary dues should be a 30
288-condition of membership in a community association; and 31
289- HOUSE BILL 166 7
290-
291-
292- 5. any period of time that a community association must be 1
293-in existence prior to filing an action for injunctive and other equitable relief for abatement 2
294-of a nuisance. 3
295-
296- (2) The recommendations of the Workgroup shall be designed to facilitate 4
297-the social welfare and general neighborhood improvement and enhancement of the 5
298-communities served by the community association while maintaining requirements for 6
299-verifiable evidence that a community association legitimately represents a community. 7
300-
301- (g) (1) To facilitate community engagement, the Workgroup shall hold at least 8
302-three public meetings at which members of the general public may provide comment on the 9
303-work of the Workgroup. 10
304-
305- (2) During a meeting at which the agenda is limited to specific topics, the 11
306-Workgroup may limit public comment to the topics listed on the meeting agenda. 12
307-
308- (3) The Workgroup shall convene at least one meeting at which the agenda 13
309-is open to any matter relating to the recommendations of the Workgroup under subsection 14
310-(f)(1) of this section. 15
311-
312- (h) On or before January 1, 2024, the Workgroup shall report its findings and 16
313-recommendations to the members of the Baltimore County Delegation to the General 17
314-Assembly in accordance with § 2–1257 of the State Government Article. 18
315-
316- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 19
317-1, 2023. It shall remain effective for a period of 1 year and 1 month and, at the end of June 20
318-30, 2024, this Act, with no further action required by the General Assembly, shall be 21
319-abrogated and of no further force and effect. 22
320-
321-
322-
323-
324-Approved:
325-________________________________________________________________________________
326- Governor.
327-________________________________________________________________________________
328- Speaker of the House of Delegates.
329-________________________________________________________________________________
330- President of the Senate.
189+ SECTION 2. AND BE IT FURTH ER ENACTED, That this Act shall take effect 29
190+October 1, 2023. 30