MD
Maryland Senate Bill SB199

Maryland 2024 Regular Session

Maryland Senate Bill SB199 Compare Versions

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1- WES MOORE, Governor Ch. 288
21
3-– 1 –
4-Chapter 288
5-(Senate Bill 199)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
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+ *sb0199*
89
9-Residential Property – Affordable Housing Land Trusts – Authority to Establish
10-Condominium Regimes
10+SENATE BILL 199
11+N1 4lr1118
12+HB 567/23 – ENT (PRE–FILED) CF HB 13
13+By: Senator Waldstreicher
14+Requested: October 23, 2023
15+Introduced and read first time: January 10, 2024
16+Assigned to: Judicial Proceedings
17+Committee Report: Favorable
18+Senate action: Adopted
19+Read second time: February 12, 2024
1120
12-FOR the purpose of authorizing a condominium regime to be established on certain
13-property owned by an affordable housing land trust; and generally relating to the
14-authority to establish condominium regimes.
21+CHAPTER ______
1522
16-BY repealing and reenacting, with amendments,
17- Article – Real Property
18-Section 11–102(a)
19- Annotated Code of Maryland
20- (2023 Replacement Volume)
23+AN ACT concerning 1
2124
22- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
23-That the Laws of Maryland read as follows:
25+Residential Property – Affordable Housing Land Trusts – Authority to Establish 2
26+Condominium Regimes 3
2427
25-Article – Real Property
28+FOR the purpose of authorizing a condominium regime to be established on certain 4
29+property owned by an affordable housing land trust; and generally relating to the 5
30+authority to establish condominium regimes. 6
2631
27-11–102.
32+BY repealing and reenacting, with amendments, 7
33+ Article – Real Property 8
34+Section 11–102(a) 9
35+ Annotated Code of Maryland 10
36+ (2023 Replacement Volume) 11
2837
29- (a) (1) The fee simple owner or lessee under a lease that exceeds 60 years of
30-any property in the State may subject the property to a condominium regime by recording
31-among the land records of the county where the property is located, a declaration, bylaws,
32-and condominium plat that comply with the requirements specified in this title.
38+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
39+That the Laws of Maryland read as follows: 13
3340
34- (2) (i) Notwithstanding the provisions of paragraph (1) of this
35-subsection, a leasehold estate may not be subjected to a condominium regime if it is used
36-for residential purposes unless the State, a county that has adopted charter home rule
37-under Article XI–A of the Maryland Constitution, a municipal corporation, AN
38-AFFORDABLE HOUSING L AND TRUST AS DEFINED IN § 14–501 OF THIS ARTICLE, or,
39-subject to the provisions of subparagraph (ii) of this paragraph, the Washington
40-Metropolitan Area Transit Authority is the owner of the reversionary fee simple estate.
41+Article – Real Property 14
4142
42- (ii) The Washington Metropolitan Area Transit Authority may
43-establish a leasehold estate for a condominium regime that is used for residential purposes
44-under subparagraph (i) of this paragraph if, when the initial term of the lease expires, there
45-is a provision in the lease that allows the lessee to automatically renew the lease for another
46-term.
43+11–102. 15
4744
48- (3) Notwithstanding paragraph (2) of this subsection or any declaration, Ch. 288 2024 LAWS OF MARYLAND
45+ (a) (1) The fee simple owner or lessee under a lease that exceeds 60 years of 16
46+any property in the State may subject the property to a condominium regime by recording 17
47+among the land records of the county where the property is located, a declaration, bylaws, 18
48+and condominium plat that comply with the requirements specified in this title. 19 2 SENATE BILL 199
4949
50-– 2 –
51-rule, or bylaw, a developer or any other person may not be prohibited from granting a
52-leasehold estate in an individual unit used for residential purposes.
5350
54- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
55-October 1, 2024.
5651
57-Approved by the Governor, April 25, 2024.
52+ (2) (i) Notwithstanding the provisions of paragraph (1) of this 1
53+subsection, a leasehold estate may not be subjected to a condominium regime if it is used 2
54+for residential purposes unless the State, a county that has adopted charter home rule 3
55+under Article XI–A of the Maryland Constitution, a municipal corporation, AN 4
56+AFFORDABLE HOUSING L AND TRUST AS DEFINED IN § 14–501 OF THIS ARTICLE, or, 5
57+subject to the provisions of subparagraph (ii) of this paragraph, the Washington 6
58+Metropolitan Area Transit Authority is the owner of the reversionary fee simple estate. 7
59+
60+ (ii) The Washington Metropolitan Area Transit Authority may 8
61+establish a leasehold estate for a condominium regime that is used for residential purposes 9
62+under subparagraph (i) of this paragraph if, when the initial term of the lease expires, there 10
63+is a provision in the lease that allows the lessee to automatically renew the lease for another 11
64+term. 12
65+
66+ (3) Notwithstanding paragraph (2) of this subsection or any declaration, 13
67+rule, or bylaw, a developer or any other person may not be prohibited from granting a 14
68+leasehold estate in an individual unit used for residential purposes. 15
69+
70+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
71+October 1, 2024. 17
72+
73+
74+
75+
76+Approved:
77+________________________________________________________________________________
78+ Governor.
79+________________________________________________________________________________
80+ President of the Senate.
81+________________________________________________________________________________
82+ Speaker of the House of Delegates.