WES MOORE, Governor Ch. 288
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Chapter 288
(Senate Bill 199)
AN ACT concerning
Residential Property – Affordable Housing Land Trusts – Authority to Establish
Condominium Regimes
FOR the purpose of authorizing a condominium regime to be established on certain
property owned by an affordable housing land trust; and generally relating to the
authority to establish condominium regimes.
BY repealing and reenacting, with amendments,
Article – Real Property
Section 11–102(a)
Annotated Code of Maryland
(2023 Replacement Volume)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Real Property
11–102.
(a) (1) The fee simple owner or lessee under a lease that exceeds 60 years of
any property in the State may subject the property to a condominium regime by recording
among the land records of the county where the property is located, a declaration, bylaws,
and condominium plat that comply with the requirements specified in this title.
(2) (i) Notwithstanding the provisions of paragraph (1) of this
subsection, a leasehold estate may not be subjected to a condominium regime if it is used
for residential purposes unless the State, a county that has adopted charter home rule
under Article XI–A of the Maryland Constitution, a municipal corporation, AN
AFFORDABLE HOUSING L AND TRUST AS DEFINED IN § 14–501 OF THIS ARTICLE, or,
subject to the provisions of subparagraph (ii) of this paragraph, the Washington
Metropolitan Area Transit Authority is the owner of the reversionary fee simple estate.
(ii) The Washington Metropolitan Area Transit Authority may
establish a leasehold estate for a condominium regime that is used for residential purposes
under subparagraph (i) of this paragraph if, when the initial term of the lease expires, there
is a provision in the lease that allows the lessee to automatically renew the lease for another
term.
(3) Notwithstanding paragraph (2) of this subsection or any declaration, Ch. 288 2024 LAWS OF MARYLAND
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rule, or bylaw, a developer or any other person may not be prohibited from granting a
leasehold estate in an individual unit used for residential purposes.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2024.
Approved by the Governor, April 25, 2024.