Maryland 2024 Regular Session

Maryland Senate Bill SB46

Introduced
1/10/24  
Refer
1/10/24  
Report Pass
3/15/24  
Engrossed
3/18/24  
Refer
3/19/24  
Report Pass
4/1/24  
Enrolled
4/8/24  
Chaptered
4/25/24  

Caption

Condominiums - Sales Contracts - Asbestos Disclosure

Impact

This legislation is expected to directly impact Maryland's real estate laws by mandating clearer disclosures for condominium sales. It seeks to address consumer safety and awareness, particularly regarding health hazards associated with asbestos, a material known for its significant health risks. By enforcing strict guidelines on contract enforceability, the bill aims to promote transparency in the housing market. Homebuyers will have critical information about the safety and condition of their potential investments, which is essential in making informed purchasing decisions.

Summary

Senate Bill 46 introduces vital regulations regarding the sale of condominium units in Maryland, specifically emphasizing the need for asbestos disclosure. The bill establishes that contracts for the sale of these units are unenforceable unless they contain a conspicuous notice about the presence of asbestos. This includes specific requirements for informing potential buyers about any existing asbestos, the location within the property, and the history of any abatement actions taken. The bill aligns state law with growing concerns over hazardous materials in residential properties, aiming to protect buyers and enhance disclosure requirements in real estate transactions.

Sentiment

Generally, the sentiment surrounding SB 46 appears to be positive, particularly among consumer advocacy groups and those concerned with public health. Supporters argue that the bill represents a necessary step towards improved safety and accountability in the real estate market, ensuring that buyers are fully informed of any risks associated with purchasing condominium units. However, some concerns may arise regarding the potential burden of compliance on sellers and developers, especially if abatement has not been addressed promptly prior to sale.

Contention

Notable points of contention revolve around the balance between consumer protection and the impact on the real estate marketplace. Critics may argue that imposing strict disclosure requirements could complicate sales processes, possibly deterring potential buyers or increasing transaction delays. Additionally, there may be concerns regarding the obligations placed on condominium associations and owners in disclosing asbestos-related information, particularly in situations where past abatement efforts have been made. Addressing these concerns while ensuring consumer safety will be crucial for the implementation of SB 46.

Companion Bills

MD HB143

Crossfiled Condominiums - Sales Contracts - Asbestos Disclosure

Similar Bills

MD HB143

Condominiums - Sales Contracts - Asbestos Disclosure

AZ HB2280

Homeowners' associations; assessments; liens; payments

MD HB52

Condominiums - Sales Contracts - Asbestos Disclosure

AZ HB2648

Condominiums; planned communities; lien; assessment

AZ HB2861

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AZ HB2817

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MD HB40

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AZ SB1198

Restored salvage vehicle titles; inspections