EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0199*
SENATE BILL 199
N1 4lr1118
HB 567/23 – ENT (PRE–FILED) CF HB 13
By: Senator Waldstreicher
Requested: October 23, 2023
Introduced and read first time: January 10, 2024
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Residential Property – Affordable Housing Land Trusts – Authority to Establish 2
Condominium Regimes 3
FOR the purpose of authorizing a condominium regime to be established on certain 4
property owned by an affordable housing land trust; and generally relating to the 5
authority to establish condominium regimes. 6
BY repealing and reenacting, with amendments, 7
Article – Real Property 8
Section 11–102(a) 9
Annotated Code of Maryland 10
(2023 Replacement Volume) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Real Property 14
11–102. 15
(a) (1) The fee simple owner or lessee under a lease that exceeds 60 years of 16
any property in the State may subject the property to a condominium regime by recording 17
among the land records of the county where the property is located, a declaration, bylaws, 18
and condominium plat that comply with the requirements specified in this title. 19
(2) (i) Notwithstanding the provisions of paragraph (1) of this 20
subsection, a leasehold estate may not be subjected to a condominium regime if it is used 21
for residential purposes unless the State, a county that has adopted charter home rule 22
under Article XI–A of the Maryland Constitution, a municipal corporation, AN 23 2 SENATE BILL 199
AFFORDABLE HOUSING L AND TRUST AS DEFINED IN § 14–501 OF THIS ARTICLE, or, 1
subject to the provisions of subparagraph (ii) of this paragraph, the Washington 2
Metropolitan Area Transit Authority is the owner of the reversionary fee simple estate. 3
(ii) The Washington Metropolitan Area Transit Authority may 4
establish a leasehold estate for a condominium regime that is used for residential purposes 5
under subparagraph (i) of this paragraph if, when the initial term of the lease expires, there 6
is a provision in the lease that allows the lessee to automatically renew the lease for another 7
term. 8
(3) Notwithstanding paragraph (2) of this subsection or any declaration, 9
rule, or bylaw, a developer or any other person may not be prohibited from granting a 10
leasehold estate in an individual unit used for residential purposes. 11
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 12
October 1, 2024. 13