Maryland 2023 Regular Session

Maryland House Bill HB567 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[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.
8	5		hb0567
9	6
10	7		HOUSE BILL 567
11	8		N1 3lr2129
12	9
13	10		By: Delegate R. Lewis
14	11		Introduced and read first time: February 3, 2023
15	12		Assigned to: Environment and Transportation
16		-	Committee Report: Favorable
17		-	House action: Adopted
18		-	Read second time: February 25, 2023
19	13
20		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24	18		Residential Property – Affordable Housing Land Trusts – Authority to Establish 2
25	19		Condominium Regimes 3
26	20
27	21		FOR the purpose of authorizing a condominium regime to be established on certain 4
28	22		property owned by an affordable housing land trust; and generally relating to the 5
29	23		authority to establish condominium regimes. 6
30	24
31	25		BY repealing and reenacting, with amendments, 7
32	26		Article – Real Property 8
33	27		Section 11–102(a) 9
34	28		Annotated Code of Maryland 10
35	29		(2015 Replacement Volume and 2022 Supplement) 11
36	30
37	31		SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
38	32		That the Laws of Maryland read as follows: 13
39	33
40	34		Article – Real Property 14
41	35
42	36		11–102. 15
43	37
44	38		(a) (1) The fee simple owner or lessee under a lease that exceeds 60 years of 16
45	39		any property in the State may subject the property to a condominium regime by recording 17
46	40		among the land records of the county where the property is located, a declaration, bylaws, 18
47	41		and condominium plat that comply with the requirements specified in this title. 19
48		-	2 HOUSE BILL 567
	42	+
	43	+	(2) (i) Notwithstanding the provisions of paragraph (1) of this 20
	44	+	subsection, a leasehold estate may not be subjected to a condominium regime if it is used 21
	45	+	for residential purposes unless the State, a county that has adopted charter home rule 22
	46	+	under Article XI–A of the Maryland Constitution, a municipal corporation, AN 23
	47	+	AFFORDABLE HOUSING L AND TRUST AS DEFINED IN § 14–501 OF THIS ARTICLE, or, 24 2 HOUSE BILL 567
49	48
50	49
51		-	(2) (i) Notwithstanding the provisions of paragraph (1) of this 1
52		-	subsection, a leasehold estate may not be subjected to a condominium regime if it is used 2
53		-	for residential purposes unless the State, a county that has adopted charter home rule 3
54		-	under Article XI–A of the Maryland Constitution, a municipal corporation, AN 4
55		-	AFFORDABLE HOUSING L AND TRUST AS DEFINED IN § 14–501 OF THIS ARTICLE, or, 5
56		-	subject to the provisions of subparagraph (ii) of this paragraph, the Washington 6
57		-	Metropolitan Area Transit Authority is the owner of the reversionary fee simple estate. 7
	50	+	subject to the provisions of subparagraph (ii) of this paragraph, the Washington 1
	51	+	Metropolitan Area Transit Authority is the owner of the reversionary fee simple estate. 2
58	52
59		-	(ii) The Washington Metropolitan Area Transit Authority may 8
60		-	establish a leasehold estate for a condominium regime that is used for residential purposes 9
61		-	under subparagraph (i) of this paragraph if, when the initial term of the lease expires, there 10
62		-	is a provision in the lease that allows the lessee to automatically renew the lease for another 11
63		-	term. 12
	53	+	(ii) The Washington Metropolitan Area Transit Authority may 3
	54	+	establish a leasehold estate for a condominium regime that is used for residential purposes 4
	55	+	under subparagraph (i) of this paragraph if, when the initial term of the lease expires, there 5
	56	+	is a provision in the lease that allows the lessee to automatically renew the lease for another 6
	57	+	term. 7
64	58
65		-	(3) Notwithstanding paragraph (2) of this subsection or any declaration, 13
66		-	rule, or bylaw, a developer or any other person may not be prohibited from granting a 14
67		-	leasehold estate in an individual unit used for residential purposes. 15
	59	+	(3) Notwithstanding paragraph (2) of this subsection or any declaration, 8
	60	+	rule, or bylaw, a developer or any other person may not be prohibited from granting a 9
	61	+	leasehold estate in an individual unit used for residential purposes. 10
68	62
69		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
70		-	October 1, 2023. 17
71		-
72		-
73		-
74		-	Approved:
75		-	________________________________________________________________________________
76		-	Governor.
77		-	________________________________________________________________________________
78		-	Speaker of the House of Delegates.
79		-	________________________________________________________________________________
80		-	President of the Senate.
	63	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
	64	+	October 1, 2023. 12