| 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 | *hb0687* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 687 | |
| 11 | 8 | N1 4lr2768 | |
| 12 | 9 | ||
| 13 | 10 | By: Charles County Delegation | |
| 14 | 11 | Introduced and read first time: January 25, 2024 | |
| 15 | 12 | Assigned to: Environment and Transportation | |
| 16 | - | Committee Report: Favorable | |
| 17 | - | House action: Adopted | |
| 18 | - | Read second time: March 8, 2024 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | 18 | Charles County – Governing Bodies of Common Ownership Communities – 2 | |
| 25 | 19 | Member Training 3 | |
| 26 | 20 | ||
| 27 | 21 | FOR the purpose of requiring each member of a board of directors or officer of a council of 4 | |
| 28 | 22 | unit owners of a condominium in Charles County and each member of a governing 5 | |
| 29 | 23 | body of a homeowners association in Charles County to successfully complete a 6 | |
| 30 | 24 | certain training curriculum in a certain manner and subject to certain requirements; 7 | |
| 31 | 25 | and generally relating to members of governing bodies of condominiums and 8 | |
| 32 | 26 | homeowners associations in Charles County. 9 | |
| 33 | 27 | ||
| 34 | 28 | BY repealing and reenacting, with amendments, 10 | |
| 35 | 29 | Article – Real Property 11 | |
| 36 | 30 | Section 11–109 and 11B–106.1(g) 12 | |
| 37 | 31 | Annotated Code of Maryland 13 | |
| 38 | 32 | (2023 Replacement Volume) 14 | |
| 39 | 33 | ||
| 40 | 34 | BY repealing and reenacting, without amendments, 15 | |
| 41 | 35 | Article – Real Property 16 | |
| 42 | 36 | Section 11B–106.1(a) 17 | |
| 43 | 37 | Annotated Code of Maryland 18 | |
| 44 | 38 | (2023 Replacement Volume) 19 | |
| 45 | 39 | ||
| 46 | 40 | BY adding to 20 | |
| 47 | 41 | Article – Real Property 21 | |
| 48 | - | Section 11B–106.1(g) 22 2 HOUSE BILL 687 | |
| 42 | + | Section 11B–106.1(g) 22 | |
| 43 | + | Annotated Code of Maryland 23 | |
| 44 | + | (2023 Replacement Volume) 24 | |
| 45 | + | ||
| 46 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25 | |
| 47 | + | That the Laws of Maryland read as follows: 26 | |
| 48 | + | 2 HOUSE BILL 687 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | - | Annotated Code of Maryland 1 | |
| 52 | - | (2023 Replacement Volume) 2 | |
| 51 | + | Article – Real Property 1 | |
| 53 | 52 | ||
| 54 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3 | |
| 55 | - | That the Laws of Maryland read as follows: 4 | |
| 53 | + | 11–109. 2 | |
| 56 | 54 | ||
| 57 | - | Article – Real Property 5 | |
| 55 | + | (a) The affairs of the condominium shall be governed by a council of unit owners 3 | |
| 56 | + | which, even if unincorporated, is constituted a legal entity for all purposes. The council of 4 | |
| 57 | + | unit owners shall be comprised of all unit owners. 5 | |
| 58 | 58 | ||
| 59 | - | 11–109. 6 | |
| 59 | + | (b) The bylaws may authorize or provide for the delegation of any power of the 6 | |
| 60 | + | council of unit owners to a board of directors, officers, managing agent, or other person for 7 | |
| 61 | + | the purpose of carrying out the responsibilities of the council of unit owners. 8 | |
| 60 | 62 | ||
| 61 | - | (a) The affairs of the condominium shall be governed by a council of unit owners 7 | |
| 62 | - | which, even if unincorporated, is constituted a legal entity for all purposes. The council of 8 | |
| 63 | - | unit owners shall be comprised of all unit owners. 9 | |
| 63 | + | (C) (1) THIS SUBSECTION APPLI ES ONLY IN CHARLES COUNTY. 9 | |
| 64 | 64 | ||
| 65 | - | (b) The bylaws may authorize or provide for the delegation of any power of the 10 | |
| 66 | - | council of unit owners to a board of directors, officers, managing agent, or other person for 11 | |
| 67 | - | the purpose of carrying out the responsibilities of the council of unit owners. 12 | |
| 65 | + | (2) EACH MEMBER OF A BOAR D OF DIRECTORS OR OF FICER OF A 10 | |
| 66 | + | COUNCIL OF UNIT OWNE RS SHALL SUCCESSFULL Y COMPLETE A TRAINING 11 | |
| 67 | + | CURRICULUM ON THE RE SPONSIBILITIES OF BE ING A MEMBER OR AN O FFICER 12 | |
| 68 | + | DEVELOPED BY : 13 | |
| 68 | 69 | ||
| 69 | - | (C) (1) THIS SUBSECTION APPLI ES ONLY IN CHARLES COUNTY. 13 | |
| 70 | + | (I) A COMMON OWNERSHIP COM MISSION RECOGNIZED B Y THE 14 | |
| 71 | + | STATE OR A LOCAL GOVE RNMENT; OR 15 | |
| 70 | 72 | ||
| 71 | - | (2) EACH MEMBER OF A BOAR D OF DIRECTORS OR OF FICER OF A 14 | |
| 72 | - | COUNCIL OF UNIT OWNE RS SHALL SUCCESSFULL Y COMPLETE A TRAININ G 15 | |
| 73 | - | CURRICULUM ON THE RE SPONSIBILITIES OF BE ING A MEMBER OR AN O FFICER 16 | |
| 74 | - | DEVELOPED BY : 17 | |
| 73 | + | (II) AN ORGANIZATION APPRO VED TO ADMINISTER TH E 16 | |
| 74 | + | TRAINING CURRIC ULUM BY A RECOGNIZED COMM ON OWNERSHIP COMMISS ION. 17 | |
| 75 | 75 | ||
| 76 | - | (I) A COMMON OWNERSHIP COM MISSION RECOGNIZED BY THE 18 | |
| 77 | - | STATE OR A LOCAL GOVE RNMENT; OR 19 | |
| 76 | + | (3) EACH MEMBER OF THE BO ARD OF DIRECTORS OR OFFICER OF THE 18 | |
| 77 | + | COUNCIL OF UNIT OWNE RS SHALL SUCCESSFULL Y COMPLETE THE TRAIN ING 19 | |
| 78 | + | CURRICULUM REQUIRED UNDER THIS SUBSECTIO N WITHIN 90 DAYS AFTER THE 20 | |
| 79 | + | INDIVIDUAL: 21 | |
| 78 | 80 | ||
| 79 | - | (II) AN ORGANIZATION APPRO VED TO ADMINISTER TH E 20 | |
| 80 | - | TRAINING CURRICULUM BY A RECOGNIZED COMM ON OWNERSHIP COMMISS ION. 21 | |
| 81 | + | (I) IS FIRST ELECTED OR A PPOINTED TO THE OFFI CE; OR 22 | |
| 81 | 82 | ||
| 82 | - | (3) EACH MEMBER OF THE BO ARD OF DIRECTORS OR OFFICER OF THE 22 | |
| 83 | - | COUNCIL OF UNIT OWNE RS SHALL SUCCESSF ULLY COMPLETE THE TR AINING 23 | |
| 84 | - | CURRICULUM REQUIRED UNDER THIS SUBSECTIO N WITHIN 90 DAYS AFTER THE 24 | |
| 85 | - | INDIVIDUAL: 25 | |
| 83 | + | (II) FOR AN INDIVIDUAL WHO IS IN OFFICE ON OCTOBER 1, 23 | |
| 84 | + | 2024, BEGINS A SUBSEQUENT TERM AS A MEMBER OF THE BOARD OF DIRECTO RS OR 24 | |
| 85 | + | AN OFFICER OF THE CO UNCIL OF UNIT OWNERS . 25 | |
| 86 | 86 | ||
| 87 | - | (I) IS FIRST ELECTED OR A PPOINTED TO THE OFFI CE; OR 26 | |
| 87 | + | (4) (I) THE BOARD OF DIRE CTORS OR OFFICERS OF THE COUNCIL 26 | |
| 88 | + | OF UNIT OWNERS SHALL : 27 | |
| 88 | 89 | ||
| 89 | - | (II) FOR AN INDIVIDUAL WHO IS IN OFFICE ON OCTOBER 1, 27 | |
| 90 | - | 2024, BEGINS A SUBSEQUENT TERM AS A MEMBER OF THE BOARD OF DIRECTORS OR 28 | |
| 91 | - | AN OFFICER OF THE CO UNCIL OF UNIT OWNERS . 29 | |
| 92 | - | ||
| 93 | - | (4) (I) THE BOARD OF DIRECTOR S OR OFFICERS OF THE COUNCIL 30 | |
| 94 | - | OF UNIT OWNERS SHALL : 31 | |
| 90 | + | 1. CERTIFY THAT EACH MEM BER O R OFFICER 28 | |
| 91 | + | SUCCESSFULLY COMPLET ES THE TRAINING CURR ICULUM REQUIRED UNDE R THIS 29 | |
| 92 | + | SUBSECTION; 30 | |
| 95 | 93 | HOUSE BILL 687 3 | |
| 96 | 94 | ||
| 97 | 95 | ||
| 98 | - | 1. CERTIFY THAT EACH MEM BER O R OFFICER 1 | |
| 99 | - | SUCCESSFULLY COMPLET ES THE TRAINING CURR ICULUM REQUIRED UNDE R THIS 2 | |
| 100 | - | SUBSECTION; 3 | |
| 96 | + | 2. RETAIN A COPY OF THE CERTIFICATE OF 1 | |
| 97 | + | COMPLETION OF EACH M EMBER OR OFFIC ER; AND 2 | |
| 101 | 98 | ||
| 102 | - | 2. RETAIN A COPY OF THE CERTIFICATE OF 4 | |
| 103 | - | COMPLETION OF EACH M EMBER OR OFFICER ; AND 5 | |
| 99 | + | 3. WITHIN 90 DAYS AFTER THE CERTI FICATION OF THE 3 | |
| 100 | + | MEMBER OR OFFICER , REPORT TO THE COMMON OWNERSHIP COMMISSION ON THE 4 | |
| 101 | + | CERTIFICATION . 5 | |
| 104 | 102 | ||
| 105 | - | 3. WITHIN 90 DAYS AFTER THE CERTI FICATION OF THE 6 | |
| 106 | - | MEMBER OR OFFICER , REPORT TO THE COMMON OWNERSHIP COMMISSION ON THE 7 | |
| 107 | - | CERTIFICATION . 8 | |
| 103 | + | (II) A CERTIFICATE OF COMPL ETION ISSUED UNDER T HIS 6 | |
| 104 | + | PARAGRAPH SHALL BE V ALID FOR 3 YEARS. 7 | |
| 108 | 105 | ||
| 109 | - | (II) A CERTIFICATE OF COMPL ETION ISSUED UNDER T HIS 9 | |
| 110 | - | PARAGRAPH SHALL BE V ALID FOR 3 YEARS. 10 | |
| 106 | + | (III) AN INDIVIDUAL WHO REMAI NS A MEMBER OF THE B OARD OF 8 | |
| 107 | + | DIRECTORS OR AN OFFI CER OF THE COUNCIL O F UNIT OWNERS AT THE TIME THE 9 | |
| 108 | + | CERTIFICATE EXPIRES SHALL RENEW THE CERT IFICATION BY SUCCESS FULLY 10 | |
| 109 | + | COMPLETING THE TRAIN ING REQUIRED UNDER T HIS SUBSECTION . 11 | |
| 111 | 110 | ||
| 112 | - | ( | |
| 113 | - | ||
| 114 | - | ||
| 115 | - | ||
| 111 | + | (5) IF A MEMBER OF THE BOARD OF DIRE CTORS OR AN OFFICER OF 12 | |
| 112 | + | THE COUNCIL OF UNIT OWNERS DOES NOT SUCC ESSFULLY COMPLETE TH E 13 | |
| 113 | + | TRAINING REQUIRED UN DER THIS SUBSECTION , THE BOARD OF DIRECTO RS OR THE 14 | |
| 114 | + | COUNCIL OF UNIT OWNE RS MAY: 15 | |
| 116 | 115 | ||
| 117 | - | (5) IF A MEMBER OF THE BOARD OF DIRE CTORS OR AN OFFICER OF 15 | |
| 118 | - | THE COUNCIL OF UNIT OWNERS DOES NOT SUCC ESSFULLY COMPLETE THE 16 | |
| 119 | - | TRAINING REQUIRED UN DER THIS SUBSECTION , THE BOARD OF DIRECTO RS OR THE 17 | |
| 120 | - | COUNCIL OF UNIT OWNE RS MAY: 18 | |
| 116 | + | (I) REMOVE THE INDIVIDUAL FROM THE OFFICE ; OR 16 | |
| 121 | 117 | ||
| 122 | - | ( | |
| 118 | + | (II) INVALIDATE A VOTE OF THE INDIVIDUAL . 17 | |
| 123 | 119 | ||
| 124 | - | (II) INVALIDATE A VOTE OF THE INDIVIDUAL . 20 | |
| 120 | + | [(c)] (D) (1) A meeting of the council of unit owners or board of directors may 18 | |
| 121 | + | not be held on less notice than required by this section. 19 | |
| 125 | 122 | ||
| 126 | - | [(c)] (D) (1) A meeting of the council of unit owners or board of directors may 21 | |
| 127 | - | not be held on less notice than required by this section. 22 | |
| 123 | + | (2) The council of unit owners shall maintain a current roster of names and 20 | |
| 124 | + | addresses of each unit owner to which notice of meetings of the board of directors shall be 21 | |
| 125 | + | sent at least annually. 22 | |
| 128 | 126 | ||
| 129 | - | ( | |
| 130 | - | ||
| 131 | - | ||
| 127 | + | (3) Each unit owner shall furnish the council of unit owners with his name 23 | |
| 128 | + | and current mailing address. A unit owner may not vote at meetings of the council of unit 24 | |
| 129 | + | owners until this information is furnished. 25 | |
| 132 | 130 | ||
| 133 | - | (3) Each unit owner shall furnish the council of unit owners with his name 26 | |
| 134 | - | and current mailing address. A unit owner may not vote at meetings of the council of unit 27 | |
| 135 | - | owners until this information is furnished. 28 | |
| 131 | + | (4) A regular or special meeting of the council of unit owners may not be 26 | |
| 132 | + | held on less than 10 nor more than 90 days’: 27 | |
| 136 | 133 | ||
| 137 | - | ( | |
| 138 | - | ||
| 134 | + | (i) Written notice delivered or mailed to each unit owner at the 28 | |
| 135 | + | address shown on the roster on the date of the notice; or 29 | |
| 139 | 136 | ||
| 140 | - | (i) Written notice delivered or mailed to each unit owner at the 31 | |
| 141 | - | address shown on the roster on the date of the notice; or 32 | |
| 142 | - | 4 HOUSE BILL 687 | |
| 137 | + | (ii) Notice sent to each unit owner by electronic transmission, if the 30 | |
| 138 | + | requirements of § 11–139.1 of this title are met. 31 | |
| 143 | 139 | ||
| 144 | - | ||
| 145 | - | (ii) Notice sent to each unit owner by electronic transmission, if the 1 | |
| 146 | - | requirements of § 11–139.1 of this title are met. 2 | |
| 147 | - | ||
| 148 | - | (5) Notice of special meetings of the board of directors shall be given: 3 | |
| 149 | - | ||
| 150 | - | (i) As provided in the bylaws; or 4 | |
| 151 | - | ||
| 152 | - | (ii) If the requirements of § 11–139.1 of this title are met, by 5 | |
| 153 | - | electronic transmission. 6 | |
| 154 | - | ||
| 155 | - | (6) Except as provided in § 11–109.1 of this title, a meeting of a governing 7 | |
| 156 | - | body shall be open and held at a time and location as provided in the notice or bylaws. 8 | |
| 157 | - | ||
| 158 | - | (7) (i) This paragraph does not apply to any meeting of the governing 9 | |
| 159 | - | body that occurs at any time before the meeting at which the unit owners elect officers or a 10 | |
| 160 | - | board of directors in accordance with paragraph (16) of this subsection. 11 | |
| 161 | - | ||
| 162 | - | (ii) Subject to subparagraph (iii) of this paragraph and to reasonable 12 | |
| 163 | - | rules adopted by the governing body under § 11–111 of this title, a governing body shall 13 | |
| 164 | - | provide a designated period of time during a meeting to allow unit owners an opportunity 14 | |
| 165 | - | to comment on any matter relating to the condominium. 15 | |
| 166 | - | ||
| 167 | - | (iii) During a meeting at which the agenda is limited to specific topics 16 | |
| 168 | - | or at a special meeting, the unit owners’ comments may be limited to the topics listed on 17 | |
| 169 | - | the meeting agenda. 18 | |
| 170 | - | ||
| 171 | - | (iv) The governing body shall convene at least one meeting each year 19 | |
| 172 | - | at which the agenda is open to any matter relating to the condominium. 20 | |
| 173 | - | ||
| 174 | - | (8) (i) Unless the bylaws provide otherwise, a quorum is deemed 21 | |
| 175 | - | present throughout any meeting of the council of unit owners if persons entitled to cast 25 22 | |
| 176 | - | percent of the total number of votes appurtenant to all units are present in person or by 23 | |
| 177 | - | proxy. 24 | |
| 178 | - | ||
| 179 | - | (ii) If the number of persons present in person or by proxy at a 25 | |
| 180 | - | properly called meeting of the council of unit owners is insufficient to constitute a quorum, 26 | |
| 181 | - | an additional meeting of the council of unit owners may be called for the same purpose if: 27 | |
| 182 | - | ||
| 183 | - | 1. The notice of the initial properly called meeting stated: 28 | |
| 184 | - | ||
| 185 | - | A. That the procedure authorized by this paragraph might be 29 | |
| 186 | - | invoked; and 30 | |
| 187 | - | ||
| 188 | - | B. The date, time, and place of the additional meeting; and 31 | |
| 189 | - | ||
| 190 | - | 2. A majority of the unit owners present vote in person or by 32 | |
| 191 | - | proxy to call for the additional meeting. 33 HOUSE BILL 687 5 | |
| 140 | + | (5) Notice of special meetings of the board of directors shall be given: 32 4 HOUSE BILL 687 | |
| 192 | 141 | ||
| 193 | 142 | ||
| 194 | 143 | ||
| 195 | - | (iii) 1. An additional meeting called under subparagraph (ii) of 1 | |
| 196 | - | this paragraph shall occur not less than 15 days after the initial properly called meeting. 2 | |
| 144 | + | (i) As provided in the bylaws; or 1 | |
| 197 | 145 | ||
| 198 | - | 2. Not less than 10 days before the additional meeting, a 3 | |
| 199 | - | separate and distinct notice of the date, time, place, and purpose of the additional meeting 4 | |
| 200 | - | called under subparagraph (ii) of this paragraph shall be: 5 | |
| 146 | + | (ii) If the requirements of § 11–139.1 of this title are met, by 2 | |
| 147 | + | electronic transmission. 3 | |
| 201 | 148 | ||
| 202 | - | A. Delivered, mailed, or sent by electronic transmission if the 6 | |
| 203 | - | requirements of § 11–139.1 of this title are met, to each unit owner at the address shown 7 | |
| 204 | - | on the roster maintained under paragraph (2) of this subsection; 8 | |
| 149 | + | (6) Except as provided in § 11–109.1 of this title, a meeting of a governing 4 | |
| 150 | + | body shall be open and held at a time and location as provided in the notice or bylaws. 5 | |
| 205 | 151 | ||
| 206 | - | B. Advertised in a newspaper published in the county where 9 | |
| 207 | - | the condominium is located; or 10 | |
| 152 | + | (7) (i) This paragraph does not apply to any meeting of the governing 6 | |
| 153 | + | body that occurs at any time before the meeting at which the unit owners elect officers or a 7 | |
| 154 | + | board of directors in accordance with paragraph (16) of this subsection. 8 | |
| 208 | 155 | ||
| 209 | - | C. If the condominium has a website, posted on the homepage 11 | |
| 210 | - | of the website. 12 | |
| 156 | + | (ii) Subject to subparagraph (iii) of this paragraph and to reasonable 9 | |
| 157 | + | rules adopted by the governing body under § 11–111 of this title, a governing body shall 10 | |
| 158 | + | provide a designated period of time during a meeting to allow unit owners an opportunity 11 | |
| 159 | + | to comment on any matter relating to the condominium. 12 | |
| 211 | 160 | ||
| 212 | - | 3. The notice shall contain the quorum and voting provisions 13 | |
| 213 | - | of subparagraph (iv) of this paragraph. 14 | |
| 161 | + | (iii) During a meeting at which the agenda is limited to specific topics 13 | |
| 162 | + | or at a special meeting, the unit owners’ comments may be limited to the topics listed on 14 | |
| 163 | + | the meeting agenda. 15 | |
| 214 | 164 | ||
| 215 | - | (iv) | |
| 216 | - | ||
| 165 | + | (iv) The governing body shall convene at least one meeting each year 16 | |
| 166 | + | at which the agenda is open to any matter relating to the condominium. 17 | |
| 217 | 167 | ||
| 218 | - | 2. Unless the bylaws provide otherwise, a majority of the 17 | |
| 219 | - | unit owners present in person or by proxy: 18 | |
| 168 | + | (8) (i) Unless the bylaws provide otherwise, a quorum is deemed 18 | |
| 169 | + | present throughout any meeting of the council of unit owners if persons entitled to cast 25 19 | |
| 170 | + | percent of the total number of votes appurtenant to all units are present in person or by 20 | |
| 171 | + | proxy. 21 | |
| 220 | 172 | ||
| 221 | - | A. May approve or authorize the proposed action at the 19 | |
| 222 | - | additional meeting; and 20 | |
| 173 | + | (ii) If the number of persons present in person or by proxy at a 22 | |
| 174 | + | properly called meeting of the council of unit owners is insufficient to constitute a quorum, 23 | |
| 175 | + | an additional meeting of the council of unit owners may be called for the same purpose if: 24 | |
| 223 | 176 | ||
| 224 | - | B. May take any other action that could have been taken at 21 | |
| 225 | - | the original meeting if a sufficient number of unit owners had been present. 22 | |
| 177 | + | 1. The notice of the initial properly called meeting stated: 25 | |
| 226 | 178 | ||
| 227 | - | (v) This paragraph may not be construed to affect the percentage of 23 | |
| 228 | - | votes required to amend the declaration or bylaws or to take any other action required to 24 | |
| 229 | - | be taken by a specified percentage of votes. 25 | |
| 179 | + | A. That the procedure authorized by this paragraph might be 26 | |
| 180 | + | invoked; and 27 | |
| 230 | 181 | ||
| 231 | - | (9) At meetings of the council of unit owners each unit owner shall be 26 | |
| 232 | - | entitled to cast the number of votes appurtenant to his unit. Unit owners may vote by proxy, 27 | |
| 233 | - | but the proxy is effective only for a maximum period of 180 days following its issuance, 28 | |
| 234 | - | unless granted to a lessee or mortgagee. 29 | |
| 182 | + | B. The date, time, and place of the additional meeting; and 28 | |
| 235 | 183 | ||
| 236 | - | | |
| 237 | - | ||
| 184 | + | 2. A majority of the unit owners present vote in person or by 29 | |
| 185 | + | proxy to call for the additional meeting. 30 | |
| 238 | 186 | ||
| 239 | - | (11) A proxy who is not appointed to vote as directed by a unit owner may 32 | |
| 240 | - | only be appointed for purposes of meeting quorums and to vote for matters of business 33 6 HOUSE BILL 687 | |
| 187 | + | (iii) 1. An additional meeting called under subparagraph (ii) of 31 | |
| 188 | + | this paragraph shall occur not less than 15 days after the initial properly called meeting. 32 | |
| 189 | + | HOUSE BILL 687 5 | |
| 241 | 190 | ||
| 242 | 191 | ||
| 243 | - | before the council of unit owners, other than an election of officers and members of the 1 | |
| 244 | - | board of directors. 2 | |
| 192 | + | 2. Not less than 10 days before the additional meeting, a 1 | |
| 193 | + | separate and distinct notice of the date, time, place, and purpose of the additional meeting 2 | |
| 194 | + | called under subparagraph (ii) of this paragraph shall be: 3 | |
| 245 | 195 | ||
| 246 | - | ||
| 247 | - | requirements of § 11–139. | |
| 248 | - | ||
| 196 | + | A. Delivered, mailed, or sent by electronic transmission if the 4 | |
| 197 | + | requirements of § 11–139.1 of this title are met, to each unit owner at the address shown 5 | |
| 198 | + | on the roster maintained under paragraph (2) of this subsection; 6 | |
| 249 | 199 | ||
| 250 | - | (13) Unless otherwise provided in the bylaws, a unit owner may nominate 6 | |
| 251 | - | himself or any other person to be an officer or member of the board of directors. A call for 7 | |
| 252 | - | nominations shall be sent to all unit owners not less than 45 days before notice of an election 8 | |
| 253 | - | is sent. Only nominations made at least 15 days before notice of an election shall be listed 9 | |
| 254 | - | on the election ballot. Candidates shall be listed on the ballot in alphabetical order, with 10 | |
| 255 | - | no indicated candidate preference. Nominations may be made from the floor at the meeting 11 | |
| 256 | - | at which the election to the board is held. 12 | |
| 200 | + | B. Advertised in a newspaper published in the county where 7 | |
| 201 | + | the condominium is located; or 8 | |
| 257 | 202 | ||
| 258 | - | | |
| 259 | - | ||
| 203 | + | C. If the condominium has a website, posted on the homepage 9 | |
| 204 | + | of the website. 10 | |
| 260 | 205 | ||
| 261 | - | (15) Unless otherwise provided in this title, and subject to provisions in the 15 | |
| 262 | - | bylaws requiring a different majority, decisions of the council of unit owners shall be made 16 | |
| 263 | - | on a majority of votes of the unit owners listed on the current roster present and voting. 17 | |
| 206 | + | 3. The notice shall contain the quorum and voting provisions 11 | |
| 207 | + | of subparagraph (iv) of this paragraph. 12 | |
| 264 | 208 | ||
| 265 | - | (16) (i) A meeting of the council of unit owners to elect a board of 18 | |
| 266 | - | directors for the council of unit owners, as provided in the condominium declaration or 19 | |
| 267 | - | bylaws, shall be held within: 20 | |
| 209 | + | (iv) 1. At the additional meeting, the unit owners present in 13 | |
| 210 | + | person or by proxy constitute a quorum. 14 | |
| 268 | 211 | ||
| 269 | - | 1. 60 days from the date that units representing 50 percent 21 | |
| 270 | - | of the votes in the condominium have been conveyed by the developer to members of the 22 | |
| 271 | - | public for residential purposes; or 23 | |
| 212 | + | 2. Unless the bylaws provide otherwise, a majority of the 15 | |
| 213 | + | unit owners present in person or by proxy: 16 | |
| 272 | 214 | ||
| 273 | - | 2. If a lesser percentage is specified in the declaration or 24 | |
| 274 | - | bylaws of the condominium, 60 days from the date the specified lesser percentage of units 25 | |
| 275 | - | in the condominium are sold to members of the public for residential purposes. 26 | |
| 215 | + | A. May approve or authorize the proposed action at the 17 | |
| 216 | + | additional meeting; and 18 | |
| 276 | 217 | ||
| 277 | - | (ii) 1. Before the date of the meeting held under subparagraph 27 | |
| 278 | - | (i) of this paragraph, the developer shall deliver to each unit owner notice that the 28 | |
| 279 | - | requirements of subparagraph (i) of this paragraph have been met. 29 | |
| 218 | + | B. May take any other action that could have been taken at 19 | |
| 219 | + | the original meeting if a sufficient number of unit owners had been present. 20 | |
| 280 | 220 | ||
| 281 | - | 2. The notice shall include the date, time, and place of the 30 | |
| 282 | - | meeting to elect the board of directors for the council of unit owners. 31 | |
| 221 | + | (v) This paragraph may not be construed to affect the percentage of 21 | |
| 222 | + | votes required to amend the declaration or bylaws or to take any other action required to 22 | |
| 223 | + | be taken by a specified percentage of votes. 23 | |
| 283 | 224 | ||
| 284 | - | (iii) If a replacement board member is elected, the term of each 32 | |
| 285 | - | member of the board of directors appointed by the developer shall end 10 days after the 33 | |
| 286 | - | meeting is held as specified in subparagraph (i) of this paragraph. 34 | |
| 225 | + | (9) At meetings of the council of unit owners each unit owner shall be 24 | |
| 226 | + | entitled to cast the number of votes appurtenant to his unit. Unit owners may vote by proxy, 25 | |
| 227 | + | but the proxy is effective only for a maximum period of 180 days following its issuance, 26 | |
| 228 | + | unless granted to a lessee or mortgagee. 27 | |
| 287 | 229 | ||
| 288 | - | (iv) Within 30 days from the date of the m eeting held under 35 | |
| 289 | - | subparagraph (i) of this paragraph, the developer shall deliver to the officers or board of 36 HOUSE BILL 687 7 | |
| 230 | + | (10) Any proxy may be revoked at any time at the pleasure of the unit owner 28 | |
| 231 | + | or unit owners executing the proxy. 29 | |
| 232 | + | ||
| 233 | + | (11) A proxy who is not appointed to vote as directed by a unit owner may 30 | |
| 234 | + | only be appointed for purposes of meeting quorums and to vote for matters of business 31 | |
| 235 | + | before the council of unit owners, other than an election of officers and members of the 32 | |
| 236 | + | board of directors. 33 | |
| 237 | + | 6 HOUSE BILL 687 | |
| 290 | 238 | ||
| 291 | 239 | ||
| 292 | - | directors for the council of unit owners, as provided in the condominium declaration or 1 | |
| 293 | - | bylaws, at the developer’s expense: 2 | |
| 240 | + | (12) Only a unit owner voting in person or by electronic transmission if the 1 | |
| 241 | + | requirements of § 11–139.2 of this title are met or a proxy voting for candidates designated 2 | |
| 242 | + | by a unit owner may vote for officers and members of the board of directors. 3 | |
| 294 | 243 | ||
| 295 | - | 1. The documents specified in § 11–132 of this title; 3 | |
| 244 | + | (13) Unless otherwise provided in the bylaws, a unit owner may nominate 4 | |
| 245 | + | himself or any other person to be an officer or member of the board of directors. A call for 5 | |
| 246 | + | nominations shall be sent to all unit owners not less than 45 days before notice of an election 6 | |
| 247 | + | is sent. Only nominations made at least 15 days before notice of an election shall be listed 7 | |
| 248 | + | on the election ballot. Candidates shall be listed on the ballot in alphabetical order, with 8 | |
| 249 | + | no indicated candidate preference. Nominations may be made from the floor at the meeting 9 | |
| 250 | + | at which the election to the board is held. 10 | |
| 296 | 251 | ||
| 297 | - | | |
| 298 | - | ||
| 252 | + | (14) Election materials prepared with funds of the council of unit owners 11 | |
| 253 | + | shall list candidates in alphabetical order and may not indicate a candidate preference. 12 | |
| 299 | 254 | ||
| 300 | - | 3. The tangible property of the condominium; and 6 | |
| 255 | + | (15) Unless otherwise provided in this title, and subject to provisions in the 13 | |
| 256 | + | bylaws requiring a different majority, decisions of the council of unit owners shall be made 14 | |
| 257 | + | on a majority of votes of the unit owners listed on the current roster present and voting. 15 | |
| 301 | 258 | ||
| 302 | - | 4. A roster of current unit owners, including mailing 7 | |
| 303 | - | addresses, telephone numbers, and unit numbers, if known. 8 | |
| 259 | + | (16) (i) A meeting of the council of unit owners to elect a board of 16 | |
| 260 | + | directors for the council of unit owners, as provided in the condominium declaration or 17 | |
| 261 | + | bylaws, shall be held within: 18 | |
| 304 | 262 | ||
| 305 | - | (v) The replacement reserves delivered under subparagraph (iv)2 of 9 | |
| 306 | - | this paragraph for a residential condominium shall be equal to at least the reserve funding 10 | |
| 307 | - | amount recommended in the reserve study completed under § 11–109.4 of this title as of 11 | |
| 308 | - | the date of the meeting. 12 | |
| 263 | + | 1. 60 days from the date that units representing 50 percent 19 | |
| 264 | + | of the votes in the condominium have been conveyed by the developer to members of the 20 | |
| 265 | + | public for residential purposes; or 21 | |
| 309 | 266 | ||
| 310 | - | (vi) 1. This subparagraph does not apply to a contract entered 13 | |
| 311 | - | into before October 1, 2009. 14 | |
| 267 | + | 2. If a lesser percentage is specified in the declaration or 22 | |
| 268 | + | bylaws of the condominium, 60 days from the date the specified lesser percentage of units 23 | |
| 269 | + | in the condominium are sold to members of the public for residential purposes. 24 | |
| 312 | 270 | ||
| 313 | - | | |
| 314 | - | ||
| 315 | - | ||
| 271 | + | (ii) 1. Before the date of the meeting held under subparagraph 25 | |
| 272 | + | (i) of this paragraph, the developer shall deliver to each unit owner notice that the 26 | |
| 273 | + | requirements of subparagraph (i) of this paragraph have been met. 27 | |
| 316 | 274 | ||
| 317 | - | | |
| 318 | - | ||
| 275 | + | 2. The notice shall include the date, time, and place of the 28 | |
| 276 | + | meeting to elect the board of directors for the council of unit owners. 29 | |
| 319 | 277 | ||
| 320 | - | 3. Until all members of the board of directors of the 20 | |
| 321 | - | condominium are elected by the unit owners at a transitional meeting as specified in 21 | |
| 322 | - | subparagraph (i) of this paragraph, a contract entered into by the officers or board of 22 | |
| 323 | - | directors of the condominium may be terminated, at the discretion of the board of directors 23 | |
| 324 | - | and without liability for the termination, not later than 30 days after notice. 24 | |
| 278 | + | (iii) If a replacement board member is elected, the term of each 30 | |
| 279 | + | member of the board of directors appointed by the developer shall end 10 days after the 31 | |
| 280 | + | meeting is held as specified in subparagraph (i) of this paragraph. 32 | |
| 325 | 281 | ||
| 326 | - | (vii) If the developer fails to comply with the requirements of this 25 | |
| 327 | - | paragraph, an aggrieved unit owner may submit the dispute to the Division of Consumer 26 | |
| 328 | - | Protection of the Office of the Attorney General under § 11–130(c) of this title. 27 | |
| 282 | + | (iv) Within 30 days from the date of the meeting held under 33 | |
| 283 | + | subparagraph (i) of this paragraph, the developer shall deliver to the officers or board of 34 | |
| 284 | + | directors for the council of unit owners, as provided in the condominium declaration or 35 | |
| 285 | + | bylaws, at the developer’s expense: 36 | |
| 286 | + | HOUSE BILL 687 7 | |
| 329 | 287 | ||
| 330 | - | [(d)] (E) The council of unit owners may be either incorporated as a nonstock 28 | |
| 331 | - | corporation or unincorporated and it is subject to those provisions of Title 5, Subtitle 2 of 29 | |
| 332 | - | the Corporations and Associations Article which are not inconsistent with this title. The 30 | |
| 333 | - | council of unit owners has, subject to any provision of this title, and except as provided in 31 | |
| 334 | - | item (22) of this subsection, the declaration, and bylaws, the following powers: 32 | |
| 335 | 288 | ||
| 336 | - | (1) To have perpetual existence, subject to the right of the unit owners to 33 | |
| 337 | - | terminate the condominium regime as provided in § 11–123 of this title; 34 | |
| 289 | + | 1. The documents specified in § 11–132 of this title; 1 | |
| 290 | + | ||
| 291 | + | 2. The condominium funds, including operating funds, 2 | |
| 292 | + | replacement reserves, investment accounts, and working capital; 3 | |
| 293 | + | ||
| 294 | + | 3. The tangible property of the condominium; and 4 | |
| 295 | + | ||
| 296 | + | 4. A roster of current unit owners, including mailing 5 | |
| 297 | + | addresses, telephone numbers, and unit numbers, if known. 6 | |
| 298 | + | ||
| 299 | + | (v) The replacement reserves delivered under subparagraph (iv)2 of 7 | |
| 300 | + | this paragraph for a residential condominium shall be equal to at least the reserve funding 8 | |
| 301 | + | amount recommended in the reserve study completed under § 11–109.4 of this title as of 9 | |
| 302 | + | the date of the meeting. 10 | |
| 303 | + | ||
| 304 | + | (vi) 1. This subparagraph does not apply to a contract entered 11 | |
| 305 | + | into before October 1, 2009. 12 | |
| 306 | + | ||
| 307 | + | 2. A. In this subparagraph, “contract” means an 13 | |
| 308 | + | agreement with a company or individual to handle financial matters, maintenance, or 14 | |
| 309 | + | services for the condominium. 15 | |
| 310 | + | ||
| 311 | + | B. “Contract” does not include an agreement relating to the 16 | |
| 312 | + | provision of utility services or communication systems. 17 | |
| 313 | + | ||
| 314 | + | 3. Until all members of the board of directors of the 18 | |
| 315 | + | condominium are elected by the unit owners at a transitional meeting as specified in 19 | |
| 316 | + | subparagraph (i) of this paragraph, a contract entered into by the officers or board of 20 | |
| 317 | + | directors of the condominium may be terminated, at the discretion of the board of directors 21 | |
| 318 | + | and without liability for the termination, not later than 30 days after notice. 22 | |
| 319 | + | ||
| 320 | + | (vii) If the developer fails to comply with the requirements of this 23 | |
| 321 | + | paragraph, an aggrieved unit owner may submit the dispute to the Division of Consumer 24 | |
| 322 | + | Protection of the Office of the Attorney General under § 11–130(c) of this title. 25 | |
| 323 | + | ||
| 324 | + | [(d)] (E) The council of unit owners may be either incorporated as a nonstock 26 | |
| 325 | + | corporation or unincorporated and it is subject to those provisions of Title 5, Subtitle 2 of 27 | |
| 326 | + | the Corporations and Associations Article which are not inconsistent with this title. The 28 | |
| 327 | + | council of unit owners has, subject to any provision of this title, and except as provided in 29 | |
| 328 | + | item (22) of this subsection, the declaration, and bylaws, the following powers: 30 | |
| 329 | + | ||
| 330 | + | (1) To have perpetual existence, subject to the right of the unit owners to 31 | |
| 331 | + | terminate the condominium regime as provided in § 11–123 of this title; 32 | |
| 332 | + | ||
| 333 | + | (2) To adopt and amend reasonable rules and regulations; 33 | |
| 338 | 334 | 8 HOUSE BILL 687 | |
| 339 | 335 | ||
| 340 | 336 | ||
| 341 | - | (2) To adopt and amend reasonable rules and regulations; 1 | |
| 337 | + | (3) To adopt and amend budgets for revenues, expenditures, and reserves 1 | |
| 338 | + | and collect assessments for common expenses from unit owners; 2 | |
| 342 | 339 | ||
| 343 | - | (3) To adopt and amend budgets for revenues, expenditures, and reserves 2 | |
| 344 | - | and collect assessments for common expenses from unit owners; 3 | |
| 340 | + | (4) To sue and be sued, complain and defend, or intervene in litigation or 3 | |
| 341 | + | administrative proceedings in its own name on behalf of itself or two or more unit owners 4 | |
| 342 | + | on matters affecting the condominium; 5 | |
| 345 | 343 | ||
| 346 | - | ( | |
| 347 | - | ||
| 348 | - | ||
| 344 | + | (5) To transact its business, carry on its operations and exercise the powers 6 | |
| 345 | + | provided in this subsection in any state, territory, district, or possession of the United 7 | |
| 346 | + | States and in any foreign country; 8 | |
| 349 | 347 | ||
| 350 | - | ( | |
| 351 | - | ||
| 352 | - | ||
| 348 | + | (6) To make contracts and guarantees, incur liabilities and borrow money, 9 | |
| 349 | + | sell, mortgage, lease, pledge, exchange, convey, transfer, and otherwise dispose of any part 10 | |
| 350 | + | of its property and assets; 11 | |
| 353 | 351 | ||
| 354 | - | (6) To make contracts and guarantees, incur liabilities and borrow money, 10 | |
| 355 | - | sell, mortgage, lease, pledge, exchange, convey, transfer, and otherwise dispose of any part 11 | |
| 356 | - | of its property and assets; 12 | |
| 352 | + | (7) To issue bonds, notes, and other obligations and secure the same by 12 | |
| 353 | + | mortgage or deed of trust of any part of its property, franchises, and income; 13 | |
| 357 | 354 | ||
| 358 | - | (7) To issue bonds, notes, and other obligations and secure the same by 13 | |
| 359 | - | mortgage or deed of trust of any part of its property, franchises, and income; 14 | |
| 355 | + | (8) To acquire by purchase or in any other manner, to take, receive, own, 14 | |
| 356 | + | hold, use, employ, improve, and otherwise deal with any property, real or personal, or any 15 | |
| 357 | + | interest therein, wherever located; 16 | |
| 360 | 358 | ||
| 361 | - | (8) To acquire by purchase or in any other manner, to take, receive, own, 15 | |
| 362 | - | hold, use, employ, improve, and otherwise deal with any property, real or personal, or any 16 | |
| 363 | - | interest therein, wherever located; 17 | |
| 359 | + | (9) To hire and terminate managing agents and other employees, agents, 17 | |
| 360 | + | and independent contractors; 18 | |
| 364 | 361 | ||
| 365 | - | (9) To hire and terminate managing agents and other employees, agents, 18 | |
| 366 | - | and independent contractors; 19 | |
| 362 | + | (10) To purchase, take, receive, subscribe for or otherwise acquire, own, 19 | |
| 363 | + | hold, vote, use, employ, sell, mortgage, loan, pledge or otherwise dispose of, and otherwise 20 | |
| 364 | + | use and deal in and with, shares or other interests in, or obligation of corporations of the 21 | |
| 365 | + | State, or foreign corporations, and of associations, partnerships, and individuals; 22 | |
| 367 | 366 | ||
| 368 | - | ( | |
| 369 | - | ||
| 370 | - | ||
| 371 | - | ||
| 367 | + | (11) To invest its funds and to lend money in any manner appropriate to 23 | |
| 368 | + | enable it to carry on the operations or to fulfill the purposes named in the declaration or 24 | |
| 369 | + | bylaws, and to take and to hold real and personal property as security for the payment of 25 | |
| 370 | + | funds so invested or loaned; 26 | |
| 372 | 371 | ||
| 373 | - | (11) To invest its funds and to lend money in any manner appropriate to 24 | |
| 374 | - | enable it to carry on the operations or to fulfill the purposes named in the declaration or 25 | |
| 375 | - | bylaws, and to take and to hold real and personal property as security for the payment of 26 | |
| 376 | - | funds so invested or loaned; 27 | |
| 372 | + | (12) To regulate the use, maintenance, repair, replacement, and 27 | |
| 373 | + | modification of common elements; 28 | |
| 377 | 374 | ||
| 378 | - | ( | |
| 379 | - | ||
| 375 | + | (13) To cause additional improvements to be made as a part of the general 29 | |
| 376 | + | common elements; 30 | |
| 380 | 377 | ||
| 381 | - | (13) To cause additional improvements to be made as a part of the general 30 | |
| 382 | - | common elements; 31 | |
| 378 | + | (14) To grant easements, rights–of–way, licenses, leases in excess of 1 year, 31 | |
| 379 | + | or similar interests through or over the common elements in accordance with § 11–125(f) 32 | |
| 380 | + | of this title; 33 | |
| 383 | 381 | ||
| 384 | - | (14) To grant easements, rights–of–way, licenses, leases in excess of 1 year, 32 | |
| 385 | - | or similar interests through or over the common elements in accordance with § 11–125(f) 33 | |
| 386 | - | of this title; 34 | |
| 387 | - | HOUSE BILL 687 9 | |
| 382 | + | (15) To impose and receive any payments, fees, or charges for the use, rental, 34 | |
| 383 | + | or operation of the common elements other than limited common elements; 35 HOUSE BILL 687 9 | |
| 388 | 384 | ||
| 389 | 385 | ||
| 390 | - | (15) To impose and receive any payments, fees, or charges for the use, rental, 1 | |
| 391 | - | or operation of the common elements other than limited common elements; 2 | |
| 392 | 386 | ||
| 393 | - | (16) To impose charges for late payment of assessments and, after notice | |
| 394 | - | and an opportunity to be heard, levy reasonable fines for violations of the declaration, | |
| 395 | - | bylaws, and rules and regulations of the council of unit owners, under § 11–113 of this title; | |
| 387 | + | (16) To impose charges for late payment of assessments and, after notice 1 | |
| 388 | + | and an opportunity to be heard, levy reasonable fines for violations of the declaration, 2 | |
| 389 | + | bylaws, and rules and regulations of the council of unit owners, under § 11–113 of this title; 3 | |
| 396 | 390 | ||
| 397 | - | (17) To impose reasonable charges for the preparation and recordation of | |
| 398 | - | amendments to the declaration, bylaws, rules, regulations, or resolutions, resale | |
| 399 | - | certificates, or statements of unpaid assessments; | |
| 391 | + | (17) To impose reasonable charges for the preparation and recordation of 4 | |
| 392 | + | amendments to the declaration, bylaws, rules, regulations, or resolutions, resale 5 | |
| 393 | + | certificates, or statements of unpaid assessments; 6 | |
| 400 | 394 | ||
| 401 | - | (18) To provide for the indemnification of and maintain liability insurance | |
| 402 | - | for officers, directors, and any managing agent or other employee charged with the | |
| 403 | - | operation or maintenance of the condominium; | |
| 395 | + | (18) To provide for the indemnification of and maintain liability insurance 7 | |
| 396 | + | for officers, directors, and any managing agent or other employee charged with the 8 | |
| 397 | + | operation or maintenance of the condominium; 9 | |
| 404 | 398 | ||
| 405 | - | (19) To enforce the implied warranties made to the council of unit owners by | |
| 406 | - | the developer under § 11–131 of this title; | |
| 399 | + | (19) To enforce the implied warranties made to the council of unit owners by 10 | |
| 400 | + | the developer under § 11–131 of this title; 11 | |
| 407 | 401 | ||
| 408 | - | (20) To enforce the provisions of this title, the declaration, bylaws, and rules | |
| 409 | - | and regulations of the council of unit owners against any unit owner or occupant; | |
| 402 | + | (20) To enforce the provisions of this title, the declaration, bylaws, and rules 12 | |
| 403 | + | and regulations of the council of unit owners against any unit owner or occupant; 13 | |
| 410 | 404 | ||
| 411 | - | (21) Generally, to exercise the powers set forth in this title and the | |
| 412 | - | declaration or bylaws and to do every other act not inconsistent with law, which may be | |
| 413 | - | appropriate to promote and attain the purposes set forth in this title, the declaration or | |
| 414 | - | bylaws; and | |
| 405 | + | (21) Generally, to exercise the powers set forth in this title and the 14 | |
| 406 | + | declaration or bylaws and to do every other act not inconsistent with law, which may be 15 | |
| 407 | + | appropriate to promote and attain the purposes set forth in this title, the declaration or 16 | |
| 408 | + | bylaws; and 17 | |
| 415 | 409 | ||
| 416 | - | (22) To designate parking for individuals with disabilities, notwithstanding | |
| 417 | - | any provision in the declaration, bylaws, or rules and regulations. | |
| 410 | + | (22) To designate parking for individuals with disabilities, notwithstanding 18 | |
| 411 | + | any provision in the declaration, bylaws, or rules and regulations. 19 | |
| 418 | 412 | ||
| 419 | - | [(e)] (F) A unit owner may not have any right, title, or interest in any property | |
| 420 | - | owned by the council of unit owners other than as holder of a percentage interest in common | |
| 421 | - | expenses and common profits appurtenant to his unit. | |
| 413 | + | [(e)] (F) A unit owner may not have any right, title, or interest in any property 20 | |
| 414 | + | owned by the council of unit owners other than as holder of a percentage interest in common 21 | |
| 415 | + | expenses and common profits appurtenant to his unit. 22 | |
| 422 | 416 | ||
| 423 | - | [(f)] (G) A unit owner’s rights as holder of a percentage interest in common | |
| 424 | - | expenses and common profits are such that: | |
| 417 | + | [(f)] (G) A unit owner’s rights as holder of a percentage interest in common 23 | |
| 418 | + | expenses and common profits are such that: 24 | |
| 425 | 419 | ||
| 426 | - | (1) A unit owner’s right to possess, use, or enjoy property of the council of | |
| 427 | - | unit owners shall be as provided in the bylaws; and | |
| 420 | + | (1) A unit owner’s right to possess, use, or enjoy property of the council of 25 | |
| 421 | + | unit owners shall be as provided in the bylaws; and 26 | |
| 428 | 422 | ||
| 429 | - | (2) A unit owner’s interest in the property is not assignable or attachable | |
| 430 | - | separate from his unit except as provided in §§ 11–107(d) and 11–112(g) of this title. | |
| 423 | + | (2) A unit owner’s interest in the property is not assignable or attachable 27 | |
| 424 | + | separate from his unit except as provided in §§ 11–107(d) and 11–112(g) of this title. 28 | |
| 431 | 425 | ||
| 432 | - | 11B–106.1. | |
| 426 | + | 11B–106.1. 29 | |
| 433 | 427 | ||
| 434 | - | (a) A meeting of the members of the homeowners association to elect a governing | |
| 435 | - | body of the homeowners association shall be held within: | |
| 428 | + | (a) A meeting of the members of the homeowners association to elect a governing 30 | |
| 429 | + | body of the homeowners association shall be held within: 31 | |
| 436 | 430 | 10 HOUSE BILL 687 | |
| 437 | 431 | ||
| 438 | 432 | ||
| 439 | 433 | (1) 60 days from the date that at least 75% of the total number of lots that 1 | |
| 440 | 434 | may be part of the development after all phases are complete are sold to members of the 2 | |
| 441 | 435 | public for residential purposes; or 3 | |
| 442 | 436 | ||
| 443 | 437 | (2) If a lesser percentage is specified in the governing documents of the 4 | |
| 444 | 438 | homeowners association, 60 days from the date the specified lesser percentage of the total 5 | |
| 445 | 439 | number of lots in the development after all phases are complete are sold to members of the 6 | |
| 446 | 440 | public for residential purposes. 7 | |
| 447 | 441 | ||
| 448 | 442 | (G) (1) THIS SUBSECTION APPLI ES ONLY IN CHARLES COUNTY. 8 | |
| 449 | 443 | ||
| 450 | 444 | (2) EACH MEMBER OF THE GO VERNING BODY SHALL S UCCESSFULLY 9 | |
| 451 | 445 | COMPLETE A TRAINING CURRICULUM ON THE RE SPONSIBILITIES OF A MEMBER OF 10 | |
| 452 | 446 | THE GOVERNING BODY D EVELOPED BY: 11 | |
| 453 | 447 | ||
| 454 | 448 | (I) A COMMON OWNERSHIP COMMISSION RECOGNIZE D BY THE 12 | |
| 455 | 449 | STATE OR A LOCAL GOVE RNMENT; OR 13 | |
| 456 | 450 | ||
| 457 | 451 | (II) AN ORGANIZATION APPRO VED TO ADMINISTER TH E 14 | |
| 458 | 452 | TRAINING CURRICULUM BY A RECOGNIZED COMM ON OWNERSHIP COMMISS ION. 15 | |
| 459 | 453 | ||
| 460 | 454 | (3) EACH MEMBER OF THE GO VERNING BODY SHALL S UCCESSFULLY 16 | |
| 461 | 455 | COMPLETE THE TRAIN ING CURRICULUM REQUI RED UNDER THIS SUBSE CTION 17 | |
| 462 | 456 | WITHIN 90 DAYS AFTER THE INDIV IDUAL: 18 | |
| 463 | 457 | ||
| 464 | 458 | (I) IS FIRST ELECTED OR A PPOINTED TO THE GOVERNING 19 | |
| 465 | 459 | BODY; OR 20 | |
| 466 | 460 | ||
| 467 | 461 | (II) FOR A MEMBER WHO IS IN OFFICE ON OCTOBER 1, 2024, 21 | |
| 468 | 462 | BEGINS A SUBSEQUENT TERM AS A MEMBER OF THE GOVERNING BODY . 22 | |
| 469 | 463 | ||
| 470 | 464 | (4) (I) THE GOVERNING BODY SHALL: 23 | |
| 471 | 465 | ||
| 472 | 466 | 1. CERTIFY THAT EACH MEM BER SUCCESSFULLY 24 | |
| 473 | 467 | COMPLETES THE TRAINI NG CURRICULUM REQUIR ED UNDER THIS SUBSEC TION; 25 | |
| 474 | 468 | ||
| 475 | 469 | 2. RETAIN A COPY OF THE CERTIFICATE OF 26 | |
| 476 | 470 | COMPLETION OF EACH M EMBER; AND 27 | |
| 477 | 471 | ||
| 478 | 472 | 3. WITHIN 90 DAYS AFTER THE CERTI FICATION OF THE 28 | |
| 479 | 473 | MEMBER, REPORT TO THE COMMON OWNERSHIP COMMISSION ON THE 29 | |
| 480 | 474 | CERTIFICATION . 30 | |
| 481 | 475 | HOUSE BILL 687 11 | |
| 482 | 476 | ||
| 483 | 477 | ||
| 484 | 478 | (II) A CERTIFICATE OF COMPL ETION ISSUED UNDER T HIS 1 | |
| 485 | 479 | PARAGRAPH SHALL BE V ALID FOR 3 YEARS. 2 | |
| 486 | 480 | ||
| 487 | 481 | (III) IF A MEMBER OF THE GO VERNING BODY REMAINS A 3 | |
| 488 | 482 | MEMBER OF THE GOVERNING BODY AT THE TIME THE CERTIFICATE EXPIRES , THE 4 | |
| 489 | 483 | MEMBER SHALL RENEW THE CERT IFICATION BY SUCCESS FULLY COMPLETING THE 5 | |
| 490 | 484 | TRAINING REQUIRED UN DER THIS SUBSECTION . 6 | |
| 491 | 485 | ||
| 492 | 486 | (5) IF A MEMBER OF THE GOVERNING BODY DOES NOT 7 | |
| 493 | 487 | SUCCESSFULLY COMPLET E THE TRAINING REQUIRED UN DER THIS SUBSECTION , 8 | |
| 494 | 488 | THE GOVERNING BODY MAY: 9 | |
| 495 | 489 | ||
| 496 | 490 | (I) REMOVE THE MEMBER FROM THE GOVERNING BODY ; OR 10 | |
| 497 | 491 | ||
| 498 | 492 | (II) INVALIDATE A VOTE OF THE MEMBER. 11 | |
| 499 | 493 | ||
| 500 | 494 | [(g)] (H) If the declarant fails to comply with the requirements of this section, an 12 | |
| 501 | 495 | aggrieved lot owner may submit the dispute to the Division of Consumer Protection of the 13 | |
| 502 | 496 | Office of the Attorney General under § 11B–115(c) of this title. 14 | |
| 503 | 497 | ||
| 504 | 498 | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15 | |
| 505 | 499 | October 1, 2024. 16 | |
| 506 | - | ||
| 507 | - | ||
| 508 | - | ||
| 509 | - | Approved: | |
| 510 | - | ________________________________________________________________________________ | |
| 511 | - | Governor. | |
| 512 | - | ________________________________________________________________________________ | |
| 513 | - | Speaker of the House of Delegates. | |
| 514 | - | ________________________________________________________________________________ | |
| 515 | - | President of the Senate. |