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. *hb0793* HOUSE BILL 793 N1 4lr3089 HB 361/21 – ENT By: Delegates Holmes, Harris, Davis, and Turner Turner, Boyce, Healey, Lehman, and Terrasa Introduced and read first time: January 31, 2024 Assigned to: Environment and Transportation Committee Report: Favorable with amendments House action: Adopted Read second time: March 5, 2024 CHAPTER ______ AN ACT concerning 1 Real Property – Governing Bodies of Common Ownership Communities – 2 Member Training 3 FOR the purpose of requiring each member certain members of a board of directors or 4 officer certain officers of a council of unit owners of a condominium certain 5 condominiums and each member certain members of a governing body of a 6 homeowners association to successfully complete a certain training curriculum in a 7 certain manner and subject to certain requirements; and generally relating to 8 members of governing bodies of condominiums and homeowners associations. 9 BY repealing and reenacting, with amendments, 10 Article – Real Property 11 Section 11–109 and 11B–106.1(g) 12 Annotated Code of Maryland 13 (2023 Replacement Volume) 14 BY repealing and reenacting, without amendments, 15 Article – Real Property 16 Section 11B–106.1(a) 17 Annotated Code of Maryland 18 (2023 Replacement Volume) 19 BY adding to 20 Article – Real Property 21 2 HOUSE BILL 793 Section 11B–106.1(g) 1 Annotated Code of Maryland 2 (2023 Replacement Volume) 3 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4 That the Laws of Maryland read as follows: 5 Article – Real Property 6 11–109. 7 (a) The affairs of the condominium shall be governed by a council of unit owners 8 which, even if unincorporated, is constituted a legal entity for all purposes. The council of 9 unit owners shall be comprised of all unit owners. 10 (b) The bylaws may authorize or provide for the delegation of any power of the 11 council of unit owners to a board of directors, officers, managing agent, or other person for 12 the purpose of carrying out the responsibilities of the council of unit owners. 13 (C) (1) THIS SUBSECTION APPLI ES ONLY TO A MEMBER OF A BOARD OF 14 DIRECTORS OR AN OFFI CER OF A COUNCIL OF UNIT OWNERS FOR A CO NDOMINIUM 15 THAT IS COMPOSED SOL ELY OF RESIDENTIAL F OR–SALE HOUSING OR CONS UMER 16 REALTY WHO SERVES AFTER A MEETING REQU IRED UNDER SUBSECTIO N (D)(16) OF 17 THIS SECTION. 18 (2) (I) EACH MEMBER OF A BOAR D OF DIRECTORS OR OF FICER OF 19 A COUNCIL OF UNIT OW NERS SHALL SUCCESSFU LLY COMPLETE A TRAIN ING 20 CURRICULUM ON THE RE SPONSIBILITIES OF BE ING A MEMBER OR AN O FFICER 21 DEVELOPED BY : 22 1. A COMMON OWNERSHIP COM MISSION RECOGNIZED 23 BY THE STATE OR A LOCAL GOVE RNMENT; 24 2. AN ORGANIZATION APPRO VED TO ADMINISTER TH E 25 TRAINING CURRICULUM BY A RECOGNIZED COMM ON OWNERSHIP COMMISS ION; 26 3. AN INSTITUTION ACCRED ITED BY THE MIDDLE 27 STATES COMMISSION ON HIGHER EDUCATION; 28 4. A MEMBERSHIP ORGANIZAT ION THAT OFFERS 29 NATIONALLY RECOGNIZE D CERTIFICATION CRED ENTIALS FOR COMMUNIT Y 30 MANAGERS; OR 31 5. A COUNTY WITH COURSEWO RK ESTABLISHED BY TH E 32 COUNTY COMMON OWNERS HIP COMMISSIO N. 33 HOUSE BILL 793 3 (II) A TRAINING CURRICULUM DEVELOPED UNDER THIS 1 PARAGRAPH SHALL INCL UDE TRAINING ON : 2 1. THE MARYLAND HOMEOWNERS ASSOCIATION ACT, 3 THE MARYLAND CONDOMINIUM ACT, AND THE MARYLAND COOPERATIVE 4 HOUSING CORPORATION ACT; 5 2. ROLES AND RESPONSIBILITIES OF COMMON 6 OWNERSHIP COMMUNITY GOVERNING BODIES ; 7 3. FIDUCIARY DUTY ; 8 4. RESPONSIBLE GOVERNANC E POLICIES; 9 5. LEGAL STRUCTURES AND GUIDELINES; 10 6. RESERVES AND AUDITS ; 11 7. MEETING PROCEDURES AN D REQUIREMENTS ; 12 8. HANDLING OF DISPUTES ; 13 9. INSURANCE AND BONDING ; 14 10. COMMUNITY MAINTENANCE ; 15 11. RECORD KEEPING ; AND 16 12. STATE AND LOCAL RESOU RCES FOR GOVERNING 17 BODIES. 18 (2) (3) EACH MEMBER OF THE BO ARD OF DIRECTORS OR OFFICER 19 OF THE COUNCIL OF UN IT OWNERS SHALL SUCCESS FULLY COMPLETE THE T RAINING 20 CURRICULUM REQUIRED UNDER THIS SUBSECTIO N WITHIN 90 DAYS AFTER THE 21 INDIVIDUAL: 22 (I) IS FIRST ELECTED OR A PPOINTED TO THE OFFI CE; OR 23 (II) FOR AN INDIVIDUAL WHO IS IN OFFICE ON OCTOBER 1, 24 2024, BEGINS A SUBSEQUENT TERM AS A MEMBER OF THE BOARD OF DIRECTORS OR 25 AN OFFICER OF THE CO UNCIL OF UNIT OWNERS . 26 (3) (4) (I) THE BOARD OF DIRECTOR S OR THE OFFICERS OF THE 27 COUNCIL OF UNIT OWNE RS SHALL: 28 4 HOUSE BILL 793 1. CERTIFY THAT EACH MEM BER OR OFFICER 1 SUCCESSFULLY COMPLET ES THE TRAINING CURRICU LUM REQUIRED UNDER T HIS 2 SUBSECTION; 3 2. RETAIN A COPY OF THE CERTIFICATE OF 4 COMPLETION OF EACH M EMBER OR OFFICER ; AND 5 3. WITHIN 90 DAYS AFTER THE CERTI FICATION OF THE 6 MEMBER OR OFFICER , REPORT TO THE COMMON OWNERSHIP COMMISSIO N ON THE 7 CERTIFICATION . 8 (II) A CERTIFICATE OF COMPL ETION ISSUED UNDER T HIS 9 PARAGRAPH SHALL BE V ALID FOR 3 YEARS. 10 (III) AN INDIVIDUAL WHO REM AINS A MEMBER OF THE BOARD OF 11 DIRECTORS OR AN OFFI CER OF THE COUNCIL O F UNIT OWNERS AT THE TIME THE 12 CERTIFICATE EXPIRES SHALL RE NEW THE CERTIFICATIO N BY SUCCESSFULLY 13 COMPLETING THE TRAIN ING REQUIRED UNDER T HIS SUBSECTION . 14 (4) (5) IF A MEMBER OF THE BO ARD OF DIRECTORS OR AN OFFICER 15 OF THE COUNCIL OF UN IT OWNERS DOES NOT S UCCESSFULLY COMPLETE THE 16 TRAINING REQUI RED UNDER THIS SUBSE CTION, THE BOARD OF DIRECTO RS OR THE 17 COUNCIL OF UNIT OWNE RS MAY: 18 (I) REMOVE THE INDIVIDUAL FROM THE OFFICE ; OR 19 (II) INVALIDATE A VOTE OF THE INDIVIDUAL . 20 [(c)] (D) (1) A meeting of the council of unit owners or board of directors may 21 not be held on less notice than required by this section. 22 (2) The council of unit owners shall maintain a current roster of names and 23 addresses of each unit owner to which notice of meetings of the board of directors shall be 24 sent at least annually. 25 (3) Each unit owner shall furnish the council of unit owners with his name 26 and current mailing address. A unit owner may not vote at meetings of the council of unit 27 owners until this information is furnished. 28 (4) A regular or special meeting of the council of unit owners may not be 29 held on less than 10 nor more than 90 days’: 30 (i) Written notice delivered or mailed to each unit owner at the 31 address shown on the roster on the date of the notice; or 32 HOUSE BILL 793 5 (ii) Notice sent to each unit owner by electronic transmission, if the 1 requirements of § 11–139.1 of this title are met. 2 (5) Notice of special meetings of the board of directors shall be given: 3 (i) As provided in the bylaws; or 4 (ii) If the requirements of § 11–139.1 of this title are met, by 5 electronic transmission. 6 (6) Except as provided in § 11–109.1 of this title, a meeting of a governing 7 body shall be open and held at a time and location as provided in the notice or bylaws. 8 (7) (i) This paragraph does not apply to any meeting of the governing 9 body that occurs at any time before the meeting at which the unit owners elect officers or a 10 board of directors in accordance with paragraph (16) of this subsection. 11 (ii) Subject to subparagraph (iii) of this paragraph and to reasonable 12 rules adopted by the governing body under § 11–111 of this title, a governing body shall 13 provide a designated period of time during a meeting to allow unit owners an opportunity 14 to comment on any matter relating to the condominium. 15 (iii) During a meeting at which the agenda is limited to specific topics 16 or at a special meeting, the unit owners’ comments may be limited to the topics listed on 17 the meeting agenda. 18 (iv) The governing body shall convene at least one meeting each year 19 at which the agenda is open to any matter relating to the condominium. 20 (8) (i) Unless the bylaws provide otherwise, a quorum is deemed 21 present throughout any meeting of the council of unit owners if persons entitled to cast 25 22 percent of the total number of votes appurtenant to all units are present in person or by 23 proxy. 24 (ii) If the number of persons present in person or by proxy at a 25 properly called meeting of the council of unit owners is insufficient to constitute a quorum, 26 an additional meeting of the council of unit owners may be called for the same purpose if: 27 1. The notice of the initial properly called meeting stated: 28 A. That the procedure authorized by this paragraph might be 29 invoked; and 30 B. The date, time, and place of the additional meeting; and 31 6 HOUSE BILL 793 2. A majority of the unit owners present vote in person or by 1 proxy to call for the additional meeting. 2 (iii) 1. An additional meeting called under subparagraph (ii) of 3 this paragraph shall occur not less than 15 days after the initial properly called meeting. 4 2. Not less than 10 days before the additional meeting, a 5 separate and distinct notice of the date, time, place, and purpose of the additional meeting 6 called under subparagraph (ii) of this paragraph shall be: 7 A. Delivered, mailed, or sent by electronic transmission if the 8 requirements of § 11–139.1 of this title are met, to each unit owner at the address shown 9 on the roster maintained under paragraph (2) of this subsection; 10 B. Advertised in a newspaper published in the county where 11 the condominium is located; or 12 C. If the condominium has a website, posted on the homepage 13 of the website. 14 3. The notice shall contain the quorum and voting provisions 15 of subparagraph (iv) of this paragraph. 16 (iv) 1. At the additional meeting, the unit owners present in 17 person or by proxy constitute a quorum. 18 2. Unless the bylaws provide otherwise, a majority of the 19 unit owners present in person or by proxy: 20 A. May approve or authorize the proposed action at the 21 additional meeting; and 22 B. May take any other action that could have been taken at 23 the original meeting if a sufficient number of unit owners had been present. 24 (v) This paragraph may not be construed to affect the percentage of 25 votes required to amend the declaration or bylaws or to take any other action required to 26 be taken by a specified percentage of votes. 27 (9) At meetings of the council of unit owners each unit owner shall be 28 entitled to cast the number of votes appurtenant to his unit. Unit owners may vote by proxy, 29 but the proxy is effective only for a maximum period of 180 days following its issuance, 30 unless granted to a lessee or mortgagee. 31 (10) Any proxy may be revoked at any time at the pleasure of the unit owner 32 or unit owners executing the proxy. 33 HOUSE BILL 793 7 (11) A proxy who is not appointed to vote as directed by a unit owner may 1 only be appointed for purposes of meeting quorums and to vote for matters of business 2 before the council of unit owners, other than an election of officers and members of the 3 board of directors. 4 (12) Only a unit owner voting in person or by electronic transmission if the 5 requirements of § 11–139.2 of this title are met or a proxy voting for candidates designated 6 by a unit owner may vote for officers and members of the board of directors. 7 (13) Unless otherwise provided in the bylaws, a unit owner may nominate 8 himself or any other person to be an officer or member of the board of directors. A call for 9 nominations shall be sent to all unit owners not less than 45 days before notice of an election 10 is sent. Only nominations made at least 15 days before notice of an election shall be listed 11 on the election ballot. Candidates shall be listed on the ballot in alphabetical order, with 12 no indicated candidate preference. Nominations may be made from the floor at the meeting 13 at which the election to the board is held. 14 (14) Election materials prepared with funds of the council of unit owners 15 shall list candidates in alphabetical order and may not indicate a candidate preference. 16 (15) Unless otherwise provided in this title, and subject to provisions in the 17 bylaws requiring a different majority, decisions of the council of unit owners shall be made 18 on a majority of votes of the unit owners listed on the current roster present and voting. 19 (16) (i) A meeting of the council of unit owners to elect a board of 20 directors for the council of unit owners, as provided in the condominium declaration or 21 bylaws, shall be held within: 22 1. 60 days from the date that units representing 50 percent 23 of the votes in the condominium have been conveyed by the developer to members of the 24 public for residential purposes; or 25 2. If a lesser percentage is specified in the declaration or 26 bylaws of the condominium, 60 days from the date the specified lesser percentage of units 27 in the condominium are sold to members of the public for residential purposes. 28 (ii) 1. Before the date of the meeting held under subparagraph 29 (i) of this paragraph, the developer shall deliver to each unit owner notice that the 30 requirements of subparagraph (i) of this paragraph have been met. 31 2. The notice shall include the date, time, and place of the 32 meeting to elect the board of directors for the council of unit owners. 33 (iii) If a replacement board member is elected, the term of each 34 member of the board of directors appointed by the developer shall end 10 days after the 35 meeting is held as specified in subparagraph (i) of this paragraph. 36 8 HOUSE BILL 793 (iv) Within 30 days from the date of the meeting held und er 1 subparagraph (i) of this paragraph, the developer shall deliver to the officers or board of 2 directors for the council of unit owners, as provided in the condominium declaration or 3 bylaws, at the developer’s expense: 4 1. The documents specified in § 11–132 of this title; 5 2. The condominium funds, including operating funds, 6 replacement reserves, investment accounts, and working capital; 7 3. The tangible property of the condominium; and 8 4. A roster of current unit owners, including mailing 9 addresses, telephone numbers, and unit numbers, if known. 10 (v) The replacement reserves delivered under subparagraph (iv)2 of 11 this paragraph for a residential condominium shall be equal to at least the reserve funding 12 amount recommended in the reserve study completed under § 11–109.4 of this title as of 13 the date of the meeting. 14 (vi) 1. This subparagraph does not apply to a contract entered 15 into before October 1, 2009. 16 2. A. In this subparagraph, “contract” means an 17 agreement with a company or individual to handle financial matters, maintenance, or 18 services for the condominium. 19 B. “Contract” does not include an agreement relating to the 20 provision of utility services or communication systems. 21 3. Until all members of the board of directors of the 22 condominium are elected by the unit owners at a transitional meeting as specified in 23 subparagraph (i) of this paragraph, a contract entered into by the officers or board of 24 directors of the condominium may be terminated, at the discretion of the board of directors 25 and without liability for the termination, not later than 30 days after notice. 26 (vii) If the developer fails to comply with the requirements of this 27 paragraph, an aggrieved unit owner may submit the dispute to the Division of Consumer 28 Protection of the Office of the Attorney General under § 11–130(c) of this title. 29 [(d)] (E) The council of unit owners may be either incorporated as a nonstock 30 corporation or unincorporated and it is subject to those provisions of Title 5, Subtitle 2 of 31 the Corporations and Associations Article which are not inconsistent with this title. The 32 council of unit owners has, subject to any provision of this title, and except as provided in 33 item (22) of this subsection, the declaration, and bylaws, the following powers: 34 HOUSE BILL 793 9 (1) To have perpetual existence, subject to the right of the unit owners to 1 terminate the condominium regime as provided in § 11–123 of this title; 2 (2) To adopt and amend reasonable rules and regulations; 3 (3) To adopt and amend budgets for revenues, expenditures, and reserves 4 and collect assessments for common expenses from unit owners; 5 (4) To sue and be sued, complain and defend, or intervene in litigation or 6 administrative proceedings in its own name on behalf of itself or two or more unit owners 7 on matters affecting the condominium; 8 (5) To transact its business, carry on its operations and exercise the powers 9 provided in this subsection in any state, territory, district, or possession of the United 10 States and in any foreign country; 11 (6) To make contracts and guarantees, incur liabilities and borrow money, 12 sell, mortgage, lease, pledge, exchange, convey, transfer, and otherwise dispose of any part 13 of its property and assets; 14 (7) To issue bonds, notes, and other obligations and secure the same by 15 mortgage or deed of trust of any part of its property, franchises, and income; 16 (8) To acquire by purchase or in any other manner, to take, receive, own, 17 hold, use, employ, improve, and otherwise deal with any property, real or personal, or any 18 interest therein, wherever located; 19 (9) To hire and terminate managing agents and other employees, agents, 20 and independent contractors; 21 (10) To purchase, take, receive, subscribe for or otherwise acquire, own, 22 hold, vote, use, employ, sell, mortgage, loan, pledge or otherwise dispose of, and otherwise 23 use and deal in and with, shares or other interests in, or obligation of corporations of the 24 State, or foreign corporations, and of associations, partnerships, and individuals; 25 (11) To invest its funds and to lend money in any manner appropriate to 26 enable it to carry on the operations or to fulfill the purposes named in the declaration or 27 bylaws, and to take and to hold real and personal property as security for the payment of 28 funds so invested or loaned; 29 (12) To regulate the use, maintenance, repair, replacement, and 30 modification of common elements; 31 (13) To cause additional improvements to be made as a part of the general 32 common elements; 33 10 HOUSE BILL 793 (14) To grant easements, rights–of–way, licenses, leases in excess of 1 year, 1 or similar interests through or over the common elements in accordance with § 11–125(f) 2 of this title; 3 (15) To impose and receive any payments, fees, or charges for the use, rental, 4 or operation of the common elements other than limited common elements; 5 (16) To impose charges for late payment of assessments and, after notice 6 and an opportunity to be heard, levy reasonable fines for violations of the declaration, 7 bylaws, and rules and regulations of the council of unit owners, under § 11–113 of this title; 8 (17) To impose reasonable charges for the preparation and recordation of 9 amendments to the declaration, bylaws, rules, regulations, or resolutions, resale 10 certificates, or statements of unpaid assessments; 11 (18) To provide for the indemnification of and maintain liability insurance 12 for officers, directors, and any managing agent or other employee charged with the 13 operation or maintenance of the condominium; 14 (19) To enforce the implied warranties made to the council of unit owners by 15 the developer under § 11–131 of this title; 16 (20) To enforce the provisions of this title, the declaration, bylaws, and rules 17 and regulations of the council of unit owners against any unit owner or occupant; 18 (21) Generally, to exercise the powers set forth in this title and the 19 declaration or bylaws and to do every other act not inconsistent with law, which may be 20 appropriate to promote and attain the purposes set forth in this title, the declaration or 21 bylaws; and 22 (22) To designate parking for individuals with disabilities, notwithstanding 23 any provision in the declaration, bylaws, or rules and regulations. 24 [(e)] (F) A unit owner may not have any right, title, or interest in any property 25 owned by the council of unit owners other than as holder of a percentage interest in common 26 expenses and common profits appurtenant to his unit. 27 [(f)] (G) A unit owner’s rights as holder of a percentage interest in common 28 expenses and common profits are such that: 29 (1) A unit owner’s right to possess, use, or enjoy property of the council of 30 unit owners shall be as provided in the bylaws; and 31 (2) A unit owner’s interest in the property is not assignable or attachable 32 separate from his unit except as provided in §§ 11–107(d) and 11–112(g) of this title. 33 11B–106.1. 34 HOUSE BILL 793 11 (a) A meeting of the members of the homeowners association to elect a governing 1 body of the homeowners association shall be held within: 2 (1) 60 days from the date that at least 75% of the total number of lots that 3 may be part of the development after all phases are complete are sold to members of the 4 public for residential purposes; or 5 (2) If a lesser percentage is specified in the governing documents of the 6 homeowners association, 60 days from the date the specified lesser percentage of the total 7 number of lots in the development after all phases are complete are sold to members of the 8 public for residential purposes. 9 (G) (1) THIS SUBSECTION APPLI ES ONLY TO A MEMBER OF THE 10 GOVERNING BODY OF A HOMEOWNERS ASSOCIATION THAT CON SISTS SOLELY OF 11 RESIDENTIAL FOR –SALE HOUSING WHO SER VES AFTER THE MEETIN G REQUIRED 12 UNDER SUBSECTION (A) OF THIS SECTION. 13 (2) (I) EACH MEMBER OF THE GO VERNING BODY SHALL 14 SUCCESSFULLY COMPLET E A TRAINING CURRICU LUM ON THE RESPONSIB ILITIES OF 15 A MEMBER OF THE GOVE RNING BODY DEVELOPED BY: 16 1. A COMMON OWNERSHIP COM MISSION RECOGNIZED 17 BY THE STATE OR A LOCAL GOVE RNMENT; 18 2. AN ORGANIZATION APPRO VED TO ADMINISTER TH E 19 TRAINING CURRICULUM BY A RECOGNIZED COMM ON OWNERSHIP COMMISS ION; 20 3. AN INSTITUTION ACCRED ITED BY THE MIDDLE 21 STATES COMMISSION ON HIGHER EDUCATION; 22 4. A MEMBERSHIP ORGANIZAT ION THAT OFFERS 23 NATIONALLY RECOGNIZE D CERTIFICATION CRED ENTIALS FOR COMMUNIT Y 24 MANAGERS; OR 25 5. A COUNTY WITH COURSEWO RK ESTABLISHED BY TH E 26 COUNTY COMMON OWNERS HIP COMMISSION . 27 (II) A TRAINING CURRICULUM DEVELOPED UNDER THIS 28 PARAGRAPH SHALL INCL UDE TRAINING ON : 29 1. THE MARYLAND HOMEOWNERS ASSOCIATION ACT, 30 THE MARYLAND CONDOMINIUM ACT, AND THE MARYLAND COOPERATIVE 31 HOUSING CORPORATION ACT; 32 12 HOUSE BILL 793 2. ROLES AND RESPONSIBIL ITIES OF COMMON 1 OWNERSHIP COMMUNITY GOVERNING BODIES ; 2 3. FIDUCIARY DUTY ; 3 4. RESPONSIBLE GOVERNANC E POLICIES; 4 5. LEGAL STRUCTURES AND GUIDELINES; 5 6. RESERVES AND AUDITS ; 6 7. MEETING PROCEDURES AN D REQUIREMENTS ; 7 8. HANDLING OF DISPUTES ; 8 9. INSURANCE AND BONDING ; 9 10. COMMUNITY MAINTENANCE ; 10 11. RECORD KEEPING ; AND 11 12. STATE AND LOCAL RESOU RCES FOR GOVERNING 12 BODIES. 13 (2) (3) EACH MEMBER OF THE GO VERNING BODY SHALL 14 SUCCESSFULLY COMPLETE THE TRAININ G CURRICULUM REQUIRE D UNDER THIS 15 SUBSECTION WITHIN 90 DAYS AFTER THE INDIV IDUAL: 16 (I) IS FIRST ELECTED OR A PPOINTED TO THE GOVE RNING 17 BODY; OR 18 (II) FOR A MEMBER WHO IS I N OFFICE ON OCTOBER 1, 2024, 19 BEGINS A SUBSEQUENT TERM AS A MEMBER OF THE GOVERN ING BODY. 20 (3) (4) (I) THE GOVERNING BODY SH ALL: 21 1. CERTIFY THAT EACH MEM BER SUCCESSFULLY 22 COMPLETES THE TRAINI NG CURRICULUM REQUIR ED UNDER THIS SUBSEC TION; 23 2. RETAIN A COPY OF THE CERTIFICATE OF 24 COMPLETION OF EACH M EMBER; AND 25 3. WITHIN 90 DAYS AFTER THE CERTI FICATION OF THE 26 MEMBER, REPORT TO THE COMMON OWNERSHIP COMMISSION ON THE 27 CERTIFICATION . 28 HOUSE BILL 793 13 (II) A CERTIFICATE OF COMPL ETION ISSUED UNDER T HIS 1 PARAGRAPH SHALL BE V ALID FOR 3 YEARS. 2 (III) IF A MEMBER OF THE GO VERNING BODY REMAINS A 3 MEMBER OF THE GOVERN ING BODY AT THE TIME THE CERTIFICATE EXPI RES, THE 4 MEMBER SHALL RENEW T HE CERTIFICATION BY SUCCESSFULLY COMPLET ING THE 5 TRAINING REQUIRED UN DER THIS SUBSECTION . 6 (4) (5) IF A MEMBER OF THE GO VERNING BODY DOES NO T 7 SUCCESSFULLY COMPLETE TH E TRAINING REQUIRED UNDER THIS SUBSECTIO N, 8 THE GOVERNING BODY M AY: 9 (I) REMOVE THE MEMBER FRO M THE GOVERNING BODY ; OR 10 (II) INVALIDATE A VOTE OF THE MEMBER . 11 [(g)] (H) If the declarant fails to comply with the requirements of this section, an 12 aggrieved lot owner may submit the dispute to the Division of Consumer Protection of the 13 Office of the Attorney General under § 11B–115(c) of this title. 14 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15 October 1, 2024. 16 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ Speaker of the House of Delegates. ________________________________________________________________________________ President of the Senate.