| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 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 | 5 | *hb1534* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 1534 | |
| 11 | 8 | N1 5lr2033 | |
| 12 | 9 | CF SB 758 | |
| 13 | 10 | By: Delegate Holmes | |
| 14 | 11 | Introduced and read first time: February 24, 2025 | |
| 15 | 12 | Assigned to: Rules and Executive Nominations | |
| 16 | - | Re–referred to: Environment and Transportation, February 25, 2025 | |
| 17 | - | Committee Report: Favorable with amendments | |
| 18 | - | House action: Adopted | |
| 19 | - | Read second time: March 21, 2025 | |
| 20 | 13 | ||
| 21 | - | ||
| 14 | + | A BILL ENTITLED | |
| 22 | 15 | ||
| 23 | 16 | AN ACT concerning 1 | |
| 24 | 17 | ||
| 25 | 18 | Condominiums and Homeowners Associations – Elections, Financial 2 | |
| 26 | 19 | Statements, and Enforcement 3 | |
| 27 | 20 | ||
| 28 | 21 | FOR the purpose of establishing certain requirements for elections of the governing body 4 | |
| 29 | 22 | of a condominium or homeowners association; requiring the governing body of a 5 | |
| 30 | 23 | condominium to accommodate unit owner organizing activities relating to the 6 | |
| 31 | 24 | governance of the condominium; prohibiting a condominium or homeowners 7 | |
| 32 | 25 | association from charging a unit or lot owner for examining certain records of the 8 | |
| 33 | 26 | condominium or homeowners association in a certain manner; authorizing a 9 | |
| 34 | 27 | condominium or homeowners association to charge a reasonable fee for copying 10 | |
| 35 | 28 | certain documents; expanding the authority of the Division of Consumer Protection 11 | |
| 36 | 29 | of the Office of the Attorney General to enforce certain provisions of law relating to 12 | |
| 37 | 30 | condominiums and homeowners associations; and generally relating to 13 | |
| 38 | 31 | condominiums and homeowners associations. 14 | |
| 39 | 32 | ||
| 40 | 33 | BY renumbering 15 | |
| 41 | 34 | Article – Real Property 16 | |
| 42 | 35 | Section 11B–118 17 | |
| 43 | 36 | to be Section 11B–119 18 | |
| 44 | 37 | Annotated Code of Maryland 19 | |
| 45 | 38 | (2023 Replacement Volume and 2024 Supplement) 20 | |
| 46 | 39 | ||
| 47 | 40 | BY adding to 21 | |
| 48 | - | Article – Real Property 22 2 HOUSE BILL 1534 | |
| 41 | + | Article – Real Property 22 | |
| 42 | + | Section 11–109(c)(17) through (22) and 11B–118 23 | |
| 43 | + | Annotated Code of Maryland 24 | |
| 44 | + | (2023 Replacement Volume and 2024 Supplement) 25 | |
| 45 | + | ||
| 46 | + | BY repealing and reenacting, with amendments, 26 | |
| 47 | + | Article – Real Property 27 | |
| 48 | + | Section 11–116, 11–130, 11B–112, and 11B–115 28 2 HOUSE BILL 1534 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | - | Section 11–109(c)(17) through (22) and 11B–118 1 | |
| 52 | - | Annotated Code of Maryland 2 | |
| 53 | - | (2023 Replacement Volume and 2024 Supplement) 3 | |
| 51 | + | Annotated Code of Maryland 1 | |
| 52 | + | (2023 Replacement Volume and 2024 Supplement) 2 | |
| 54 | 53 | ||
| 55 | - | BY repealing and reenacting, with amendments, 4 | |
| 56 | - | Article – Real Property 5 | |
| 57 | - | Section 11–116, 11–130, 11B–112, and 11B–115 6 | |
| 58 | - | Annotated Code of Maryland 7 | |
| 59 | - | (2023 Replacement Volume and 2024 Supplement) 8 | |
| 54 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3 | |
| 55 | + | That Section(s) 11B–118 of Article – Real Property of the Annotated Code of Maryland be 4 | |
| 56 | + | renumbered to be Section(s) 11B–119. 5 | |
| 60 | 57 | ||
| 61 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9 | |
| 62 | - | That Section(s) 11B–118 of Article – Real Property of the Annotated Code of Maryland be 10 | |
| 63 | - | renumbered to be Section(s) 11B–119. 11 | |
| 58 | + | SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 6 | |
| 59 | + | as follows: 7 | |
| 64 | 60 | ||
| 65 | - | SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 12 | |
| 66 | - | as follows: 13 | |
| 61 | + | Article – Real Property 8 | |
| 67 | 62 | ||
| 68 | - | ||
| 63 | + | 11–109. 9 | |
| 69 | 64 | ||
| 70 | - | 11–109. 15 | |
| 65 | + | (c) (17) (I) ELECTIONS, INCLUDING THE COLLEC TION AND COUNTING 10 | |
| 66 | + | OF BALLOTS AND THE C ERTIFYING OF RESULTS , FOR OFFICERS OR MEMB ERS OF 11 | |
| 67 | + | THE GOVERNING BODY O THER THAN THE FULL M EMBERSHIP OF THE COU NCIL OF 12 | |
| 68 | + | UNIT OWNERS SHALL BE CONDUCTED BY INDEPEN DENT PARTIES WHO : 13 | |
| 71 | 69 | ||
| 72 | - | (c) (17) (I) ELECTIONS, INCLUDING THE COLLEC TION AND COUNTING 16 | |
| 73 | - | OF BALLOTS AND THE C ERTIFYING OF RESULTS , FOR OFFICERS OR MEMB ERS OF 17 | |
| 74 | - | THE GOVERNING BODY O THER THAN THE FULL M EMBERSHIP OF THE COU NCIL OF 18 | |
| 75 | - | UNIT OWNERS SHALL BE CONDUCTED BY INDEPEN DENT PARTIES WHO : 19 | |
| 70 | + | 1. ARE NOT CANDIDATES IN TH E ELECTION; AND 14 | |
| 76 | 71 | ||
| 77 | - | 1. ARE NOT CANDIDATES IN THE ELECTION; AND 20 | |
| 72 | + | 2. DO NOT HAVE A CONFLIC T OF INTEREST REGARD ING 15 | |
| 73 | + | ANY CANDIDATE IN THE ELECTION. 16 | |
| 78 | 74 | ||
| 79 | - | | |
| 80 | - | ||
| 75 | + | (II) A UNIT OWNER IS AN IND EPENDENT PARTY IF TH E UNIT 17 | |
| 76 | + | OWNER: 18 | |
| 81 | 77 | ||
| 82 | - | | |
| 83 | - | ||
| 78 | + | 1. COMPLIES WITH THE REQ UIREMENTS OF THIS 19 | |
| 79 | + | SECTION; 20 | |
| 84 | 80 | ||
| 85 | - | 1. COMPLIES WITH THE REQ UIREMENTS OF THIS 25 | |
| 86 | - | SECTION; 26 | |
| 81 | + | 2. DOES NOT ELECTIONEER FOR ANY CANDIDATE ; AND 21 | |
| 87 | 82 | ||
| 88 | - | 2. DOES NOT ELECTIONEER FOR ANY CANDIDATE ; AND 27 | |
| 83 | + | 3. IS NOT SUBJECT TO AN OBJECTION BY MORE TH AN 25 22 | |
| 84 | + | PERCENT OF THE ELIGI BLE VOTING MEMBERS O F THE COUNCIL OF UNI T OWNERS. 23 | |
| 89 | 85 | ||
| 90 | - | | |
| 91 | - | ||
| 86 | + | (III) REPRESENTATIVES OF TH E CONDOMINIUM ’S PROPERTY 24 | |
| 87 | + | MANAGEMENT ARE NOT I NDEPENDENT PAR TIES. 25 | |
| 92 | 88 | ||
| 93 | - | ( | |
| 94 | - | ||
| 89 | + | (18) THE GOVERNING BODY MA Y RETAIN A THIRD–PARTY VENDOR OR 26 | |
| 90 | + | EMPLOY A COMMERCIAL TECHNOLOGY PLATFORM TO CONDUCT AN ELECTI ON. 27 | |
| 95 | 91 | ||
| 96 | - | ||
| 97 | - | THE CONDOMINIUM , REPRESENTATIVES OF THE CONDOMINIUM ’S PROPERTY 1 | |
| 98 | - | MANAGEMENT ARE NOT I NDEPENDENT PARTIES . 2 | |
| 99 | - | ||
| 100 | - | (18) THE GOVERNING BODY MA Y RETAIN A THIRD–PARTY VENDOR OR 3 | |
| 101 | - | EMPLOY A COMMERCIAL TECHNOLOGY PLATFORM TO CONDUCT AN ELECTI ON. 4 | |
| 102 | - | ||
| 103 | - | (19) INDIVIDUALS CONDUCTIN G AN ELECTION SHALL MAKE 5 | |
| 104 | - | REASONABLE EFFORTS T O ENSURE THAT THE EL ECTION IS FAIR AND T HAT THERE 6 | |
| 105 | - | IS ACCOUNTABILITY FO R THE PROCESS AND TH E RESULTS OF THE E LECTION. 7 | |
| 106 | - | ||
| 107 | - | (20) A UNIT OWNER DESIGNATE D TO CONDUCT AN ELEC TION WHO 8 | |
| 108 | - | ACTS IN GOOD FAITH I S NOT PERSONALLY LIA BLE IN CONNECTION WI TH THE 9 | |
| 109 | - | CONDUCT OF THE ELECT ION. 10 | |
| 110 | - | ||
| 111 | - | (21) (I) THE GOVERNING BODY SH ALL MAKE REASONABLE 11 | |
| 112 | - | ACCOMMODATIONS , INCLUDING REASONABLE USE OF ANY PORTION OF COMMO N 12 | |
| 113 | - | AREAS, FOR UNIT OWNERS TO E NGAGE IN ORGANIZING ACTIVITIES RELATING TO 13 | |
| 114 | - | GOVERNANCE OF THE CO NDOMINIUM . 14 | |
| 115 | - | ||
| 116 | - | (II) THE GOVERNING BODY MA Y NOT PREVENT UNIT O WNERS 15 | |
| 117 | - | FROM OR RETALIATE AG AINST UNIT OWNERS FO R EXERCISING RIGHTS 16 | |
| 118 | - | GUARANTEED UNDER LAW OR UNDER THE GOV ERNING DOCUMENTS OF THE 17 | |
| 119 | - | CONDOMINIUM . 18 | |
| 120 | - | ||
| 121 | - | (22) PROVISIONS OF THE GOV ERNING DOCUMENTS , RULES, OR 19 | |
| 122 | - | REGULATIONS OF A CON DOMINIUM RELATING TO THE CONDUCT OF ELECT IONS 20 | |
| 123 | - | THAT ARE INCONSISTEN T WITH THE REQUIREME NTS OF THIS SECTION ARE 21 | |
| 124 | - | UNENFORCEAB LE AND VOID. 22 | |
| 125 | - | ||
| 126 | - | 11–116. 23 | |
| 127 | - | ||
| 128 | - | (a) The council of unit owners shall keep books and records in accordance with 24 | |
| 129 | - | good accounting practices on a consistent basis. 25 | |
| 130 | - | ||
| 131 | - | (b) On the request of the unit owners of at least 5 percent of the units, the council 26 | |
| 132 | - | of unit owners shall cause an audit of the books and records to be made by an independent 27 | |
| 133 | - | certified public accountant, provided an audit shall be made not more than once in any 28 | |
| 134 | - | consecutive 12–month period. The cost of the audit shall be a common expense. 29 | |
| 135 | - | ||
| 136 | - | (c) (1) (i) Except as provided in paragraph (3) of this subsection, all books 30 | |
| 137 | - | and records, including insurance policies, kept by the council of unit owners shall be 31 | |
| 138 | - | maintained in Maryland or within 50 miles of its borders and shall be available at some 32 | |
| 139 | - | place designated by the council of unit owners for examination or copying, or both, by any 33 | |
| 140 | - | unit owner, a unit owner’s mortgagee, or their respective duly authorized agents or 34 | |
| 141 | - | attorneys, during normal business hours, and after reasonable notice. 35 4 HOUSE BILL 1534 | |
| 92 | + | (19) INDIVIDUALS CONDUCTIN G AN ELECTION SHALL MAKE 28 | |
| 93 | + | REASONABLE EFFORTS T O ENSURE THAT THE EL ECTION IS FAIR AND T HAT THERE 29 | |
| 94 | + | IS ACCOUNTABILITY FO R THE PROCESS AND TH E RESULTS OF THE ELE CTION. 30 HOUSE BILL 1534 3 | |
| 142 | 95 | ||
| 143 | 96 | ||
| 144 | 97 | ||
| 145 | - | (ii) If a unit owner requests in writing a copy of financial statements 1 | |
| 146 | - | of the condominium or the minutes of a meeting of the board of directors or other governing 2 | |
| 147 | - | body of the condominium to be delivered, the board of directors or other governing body of 3 | |
| 148 | - | the condominium shall compile and send the requested information by mail, electronic 4 | |
| 149 | - | transmission, or personal delivery: 5 | |
| 98 | + | (20) A UNIT OWNER DESIGNATE D TO CONDUCT AN ELEC TION WHO 1 | |
| 99 | + | ACTS IN GOOD FAITH I S NOT PERSONALLY LIA BLE IN CONNECTION WI TH THE 2 | |
| 100 | + | CONDUCT OF THE ELECT ION. 3 | |
| 150 | 101 | ||
| 151 | - | 1. Within 21 days after receipt of the written request, if the 6 | |
| 152 | - | financial statements or minutes were prepared within the 3 years immediately preceding 7 | |
| 153 | - | receipt of the request; or 8 | |
| 102 | + | (21) (I) THE GOVERNING BODY SH ALL MAKE REASONABLE 4 | |
| 103 | + | ACCOMMODATIONS , INCLUDING REASONABLE USE OF ANY PORTION O F COMMON 5 | |
| 104 | + | AREAS, FOR UNIT OWNERS TO E NGAGE IN ORGANIZING ACTIVITIES RELATING TO 6 | |
| 105 | + | GOVERNANCE OF THE CO NDOMINIUM . 7 | |
| 154 | 106 | ||
| 155 | - | 2. Within 45 days after receipt of the written request, if the 9 | |
| 156 | - | financial statements or minutes were prepared more than 3 years before receipt of the 10 | |
| 157 | - | request. 11 | |
| 107 | + | (II) THE GOVERNING BODY MA Y NOT PREVENT UNIT O WNERS 8 | |
| 108 | + | FROM OR RETALI ATE AGAINST UNIT OWN ERS FOR EXERCISING R IGHTS 9 | |
| 109 | + | GUARANTEED UNDER LAW OR UNDER THE GOVERNI NG DOCUMENTS OF THE 10 | |
| 110 | + | CONDOMINIUM . 11 | |
| 158 | 111 | ||
| 159 | - | ( | |
| 160 | - | of | |
| 161 | - | ||
| 162 | - | ||
| 112 | + | (22) PROVISIONS OF THE GOV ERNING DOCUMENTS , RULES, OR 12 | |
| 113 | + | REGULATIONS OF A CON DOMINIUM RELATING TO THE CONDUCT OF ELECT IONS 13 | |
| 114 | + | THAT ARE INCONSISTENT WITH TH E REQUIREMENTS OF TH IS SECTION ARE 14 | |
| 115 | + | UNENFORCEABLE AND VO ID. 15 | |
| 163 | 116 | ||
| 164 | - | (3) Books and records kept by or on behalf of a council of unit owners may 16 | |
| 165 | - | be withheld from public inspection, except for inspection by the person who is the subject 17 | |
| 166 | - | of the record or the person’s designee or guardian, to the extent that they concern: 18 | |
| 117 | + | 11–116. 16 | |
| 167 | 118 | ||
| 168 | - | ( | |
| 169 | - | ||
| 119 | + | (a) The council of unit owners shall keep books and records in accordance with 17 | |
| 120 | + | good accounting practices on a consistent basis. 18 | |
| 170 | 121 | ||
| 171 | - | (ii) An individual’s medical records; 21 | |
| 122 | + | (b) On the request of the unit owners of at least 5 percent of the units, the council 19 | |
| 123 | + | of unit owners shall cause an audit of the books and records to be made by an independent 20 | |
| 124 | + | certified public accountant, provided an audit shall be made not more than once in any 21 | |
| 125 | + | consecutive 12–month period. The cost of the audit shall be a common expense. 22 | |
| 172 | 126 | ||
| 173 | - | (iii) An individual’s personal financial records, including assets, 22 | |
| 174 | - | income, liabilities, net worth, bank balances, financial history or activities, and 23 | |
| 175 | - | creditworthiness; 24 | |
| 127 | + | (c) (1) (i) Except as provided in paragraph (3) of this subsection, all books 23 | |
| 128 | + | and records, including insurance policies, kept by the council of unit owners shall be 24 | |
| 129 | + | maintained in Maryland or within 50 miles of its borders and shall be available at some 25 | |
| 130 | + | place designated by the council of unit owners for examination or copying, or both, by any 26 | |
| 131 | + | unit owner, a unit owner’s mortgagee, or their respective duly authorized agents or 27 | |
| 132 | + | attorneys, during normal business hours, and after reasonable notice. 28 | |
| 176 | 133 | ||
| 177 | - | (iv) Records relating to business transactions that are currently in 25 | |
| 178 | - | negotiation; 26 | |
| 134 | + | (ii) If a unit owner requests in writing a copy of financial statements 29 | |
| 135 | + | of the condominium or the minutes of a meeting of the board of directors or other governing 30 | |
| 136 | + | body of the condominium to be delivered, the board of directors or other governing body of 31 | |
| 137 | + | the condominium shall compile and send the requested information by mail, electronic 32 | |
| 138 | + | transmission, or personal delivery: 33 | |
| 139 | + | 4 HOUSE BILL 1534 | |
| 179 | 140 | ||
| 180 | - | (v) The written advice of legal counsel; or 27 | |
| 181 | 141 | ||
| 182 | - | (vi) Minutes of a closed meeting of the board of directors or other 28 | |
| 183 | - | governing body of the council of unit owners, unless a majority of a quorum of the board of 29 | |
| 184 | - | directors or governing body that held the meeting approves unsealing the minutes or a 30 | |
| 185 | - | recording of the minutes for public inspection. 31 | |
| 142 | + | 1. Within 21 days after receipt of the written request, if the 1 | |
| 143 | + | financial statements or minutes were prepared within the 3 years immediately preceding 2 | |
| 144 | + | receipt of the request; or 3 | |
| 186 | 145 | ||
| 187 | - | (d) (1) [Except for a reasonable charge imposed on a person desiring to review 32 | |
| 188 | - | or copy the books and records or who requests delivery of information, the council of unit 33 | |
| 189 | - | owners may not impose any charges under this section.] 34 | |
| 146 | + | 2. Within 45 days after receipt of the written request, if the 4 | |
| 147 | + | financial statements or minutes were prepared more than 3 years before receipt of the 5 | |
| 148 | + | request. 6 | |
| 149 | + | ||
| 150 | + | (2) Books and records required to be made available under paragraph (1) 7 | |
| 151 | + | of this subsection shall first be made available to a unit owner not later than 15 business 8 | |
| 152 | + | days after a unit is conveyed from a developer and the unit owner requests to examine or 9 | |
| 153 | + | copy the books and records. 10 | |
| 154 | + | ||
| 155 | + | (3) Books and records kept by or on behalf of a council of unit owners may 11 | |
| 156 | + | be withheld from public inspection, except for inspection by the person who is the subject 12 | |
| 157 | + | of the record or the person’s designee or guardian, to the extent that they concern: 13 | |
| 158 | + | ||
| 159 | + | (i) Personnel records, not including information on individual 14 | |
| 160 | + | salaries, wages, bonuses, and other compensation paid to employees; 15 | |
| 161 | + | ||
| 162 | + | (ii) An individual’s medical records; 16 | |
| 163 | + | ||
| 164 | + | (iii) An individual’s personal financial records, including assets, 17 | |
| 165 | + | income, liabilities, net worth, bank balances, financial history or activities, and 18 | |
| 166 | + | creditworthiness; 19 | |
| 167 | + | ||
| 168 | + | (iv) Records relating to business transactions that are currently in 20 | |
| 169 | + | negotiation; 21 | |
| 170 | + | ||
| 171 | + | (v) The written advice of legal counsel; or 22 | |
| 172 | + | ||
| 173 | + | (vi) Minutes of a closed meeting of the board of directors or other 23 | |
| 174 | + | governing body of the council of unit owners, unless a majority of a quorum of the board of 24 | |
| 175 | + | directors or governing body that held the meeting approves unsealing the minutes or a 25 | |
| 176 | + | recording of the minutes for public inspection. 26 | |
| 177 | + | ||
| 178 | + | (d) (1) [Except for a reasonable charge imposed on a person desiring to review 27 | |
| 179 | + | or copy the books and records or who requests delivery of information, the council of unit 28 | |
| 180 | + | owners may not impose any charges under this section.] 29 | |
| 181 | + | ||
| 182 | + | (I) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBS ECTION, 30 | |
| 183 | + | THE COUNCIL OF UNIT OWNERS MAY IMPOSE A REASONABLE CHARGE ON A PERSON 31 | |
| 184 | + | DESIRING TO REVIEW O R COPY THE BOOKS AND RECORDS OF THE CONDO MINIUM OR 32 | |
| 185 | + | WHO REQUESTS DELIVER Y OF INFORMATION . 33 | |
| 190 | 186 | HOUSE BILL 1534 5 | |
| 191 | 187 | ||
| 192 | 188 | ||
| 193 | - | (I) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBS ECTION, 1 | |
| 194 | - | THE COUNCIL OF UNIT OWNERS MAY IMPOSE A REASONABLE CHARGE ON A PERSON 2 | |
| 195 | - | DESIRING TO REVIEW O R COPY THE BOOKS AND RECORDS OF THE CONDO MINIUM OR 3 | |
| 196 | - | WHO REQUESTS DELIVER Y OF INFORMATION . 4 | |
| 189 | + | (II) THE COUNCIL OF UNIT O WNERS MAY NOT IMPOSE ANY 1 | |
| 190 | + | CHARGES UNDER THIS S ECTION OTHER THAN TH OSE AUTHORIZED UNDER 2 | |
| 191 | + | SUBPARAGRAPH (I) OF THIS PARAGRAPH . 3 | |
| 197 | 192 | ||
| 198 | - | (II) THE COUNCIL OF UNIT O WNERS MAY NOT IMPOSE ANY 5 | |
| 199 | - | CHARGES UNDER THIS S ECTION OTHER THAN TH OSE AUTHORIZED UNDER 6 | |
| 200 | - | SUBPARAGRAPH (I) OF THIS PARAGRAPH . 7 | |
| 193 | + | (2) A UNIT OWNER MAY NOT B E CHARGED FOR : 4 | |
| 201 | 194 | ||
| 202 | - | (2) A UNIT OWNER MAY NOT B E CHARGED FOR : 8 | |
| 195 | + | (I) EXAMINING THE FINANCI AL STATEMENTS OF THE 5 | |
| 196 | + | CONDOMINIUM IN PERS ON WHERE THE FINANCI AL STATEMENTS ARE MA INTAINED 6 | |
| 197 | + | IN ACCORDANCE WITH S UBSECTION (C)(1)(I) OF THIS SECTION; OR 7 | |
| 203 | 198 | ||
| 204 | - | ( | |
| 205 | - | CONDOMINIUM IN | |
| 206 | - | ||
| 199 | + | (II) RECEIVING THE FINANCI AL STATEMENTS OF THE 8 | |
| 200 | + | CONDOMINIUM THROUGH ELECTRONIC TRANSMISS ION IN ACCORDANCE WI TH 9 | |
| 201 | + | SUBSECTION (C)(1)(II) OF THIS SECTION. 10 | |
| 207 | 202 | ||
| 208 | - | ( | |
| 209 | - | ||
| 210 | - | ||
| 203 | + | [(2)] (3) A charge imposed under paragraph (1) of this subsection for 11 | |
| 204 | + | copying books and records may not exceed the limits authorized under Title 7, Subtitle 2 of 12 | |
| 205 | + | the Courts Article. 13 | |
| 211 | 206 | ||
| 212 | - | [(2)] (3) A charge imposed under paragraph (1) of this subsection for 15 | |
| 213 | - | copying books and records may not exceed the limits authorized under Title 7, Subtitle 2 of 16 | |
| 214 | - | the Courts Article. 17 | |
| 207 | + | 11–130. 14 | |
| 215 | 208 | ||
| 216 | - | 11–130. 18 | |
| 209 | + | (a) This section is intended to provide minimum standards for the protection of 15 | |
| 210 | + | consumers in the State. 16 | |
| 217 | 211 | ||
| 218 | - | (a) This section is intended to provide minimum standards for the protection of 19 | |
| 219 | - | consumers in the State. 20 | |
| 212 | + | (b) (1) [For purposes of] IN this section, “consumer” means an actual or 17 | |
| 213 | + | prospective purchaser, lessee, assignee or recipient of a condominium unit OR A UNIT 18 | |
| 214 | + | OWNER. 19 | |
| 220 | 215 | ||
| 221 | - | (b) (1) [For purposes of] IN this section, “consumer” means an actual or 21 | |
| 222 | - | prospective purchaser, lessee, assignee or recipient of a condominium unit OR A UNIT 22 | |
| 223 | - | OWNER. 23 | |
| 216 | + | (2) “Consumer” includes a co–obligor or surety for a consumer. 20 | |
| 224 | 217 | ||
| 225 | - | (2) “Consumer” includes a co–obligor or surety for a consumer. 24 | |
| 218 | + | (c) [(1) To the extent that a violation of any provision of this title affects a 21 | |
| 219 | + | consumer, that] A violation OF THIS TITLE shall be within the scope of the enforcement 22 | |
| 220 | + | duties and powers of the Division of Consumer Protection of the Office of the Attorney 23 | |
| 221 | + | General, as described in Title 13 of the Commercial Law Article. 24 | |
| 226 | 222 | ||
| 227 | - | (c) [(1) To the extent that a violation of any provision of this title affects a 25 | |
| 228 | - | consumer, that] A violation OF THIS TITLE shall be within the scope of the enforcement 26 | |
| 229 | - | duties and powers of the Division of Consumer Protection of the Office of the Attorney 27 | |
| 230 | - | General, as described in Title 13 of the Commercial Law Article. 28 | |
| 223 | + | [(2) The provisions of this title shall otherwise be enforced by each agency 25 | |
| 224 | + | of the State within the scope of its authority.] 26 | |
| 231 | 225 | ||
| 232 | - | | |
| 233 | - | ||
| 226 | + | (d) THE DIVISION OF CONSUMER PROTECTION OF THE OFFICE OF THE 27 | |
| 227 | + | ATTORNEY GENERAL MAY ADOPT REG ULATIONS TO CARRY OU T THIS TITLE. 28 | |
| 234 | 228 | ||
| 235 | - | (d) THE DIVISION OF CONSUMER PROTECTION OF THE OFFICE OF THE 31 | |
| 236 | - | ATTORNEY GENERAL MAY ADOPT REG ULATIONS TO CARRY OU T THIS TITLE. 32 | |
| 229 | + | (E) A county or incorporated municipality, or an agency of any of those 29 | |
| 230 | + | jurisdictions, may adopt laws or ordinances for the protection of a consumer to the extent 30 | |
| 231 | + | and in the manner provided for under § 13–103 of the Commercial Law Article. 31 | |
| 237 | 232 | 6 HOUSE BILL 1534 | |
| 238 | 233 | ||
| 239 | 234 | ||
| 240 | - | (E) A county or incorporated municipality, or an agency of any of those 1 | |
| 241 | - | jurisdictions, may adopt laws or ordinances for the protection of a consumer to the extent 2 | |
| 242 | - | and in the manner provided for under § 13–103 of the Commercial Law Article. 3 | |
| 235 | + | [(e)] (F) Within 30 days of the effective date of a law, ordinance, or regulation 1 | |
| 236 | + | enacted under this section which is expressly applicable to condominiums, the local 2 | |
| 237 | + | jurisdiction shall forward a copy of the law, ordinance, or regulation to the Secretary of 3 | |
| 238 | + | State. 4 | |
| 243 | 239 | ||
| 244 | - | [(e)] (F) Within 30 days of the effective date of a law, ordinance, or regulation 4 | |
| 245 | - | enacted under this section which is expressly applicable to condominiums, the local 5 | |
| 246 | - | jurisdiction shall forward a copy of the law, ordinance, or regulation to the Secretary of 6 | |
| 247 | - | State. 7 | |
| 240 | + | 11B–112. 5 | |
| 248 | 241 | ||
| 249 | - | 11B–112. 8 | |
| 242 | + | (a) (1) (i) Subject to the provisions of paragraph (2) of this subsection, all 6 | |
| 243 | + | books and records kept by or on behalf of the homeowners association shall be made 7 | |
| 244 | + | available for examination or copying, or both, by a lot owner, a lot owner’s mortgagee, or 8 | |
| 245 | + | their respective duly authorized agents or attorneys, during normal business hours, and 9 | |
| 246 | + | after reasonable notice. 10 | |
| 250 | 247 | ||
| 251 | - | (a) (1) (i) Subject to the provisions of paragraph (2) of this subsection, all 9 | |
| 252 | - | books and records kept by or on behalf of the homeowners association shall be made 10 | |
| 253 | - | available for examination or copying, or both, by a lot owner, a lot owner’s mortgagee, or 11 | |
| 254 | - | their respective duly authorized agents or attorneys, during normal business hours, and 12 | |
| 255 | - | after reasonable notice. 13 | |
| 248 | + | (ii) Books and records required to be made available under 11 | |
| 249 | + | subparagraph (i) of this paragraph shall first be made available to a lot owner no later than 12 | |
| 250 | + | 15 business days after a lot is conveyed by the declarant and the lot owner requests to 13 | |
| 251 | + | examine or copy the books and records. 14 | |
| 256 | 252 | ||
| 257 | - | (ii) Books and records required to be made available under 14 | |
| 258 | - | subparagraph (i) of this paragraph shall first be made available to a lot owner no later than 15 | |
| 259 | - | 15 business days after a lot is conveyed by the declarant and the lot owner requests to 16 | |
| 260 | - | examine or copy the books and records. 17 | |
| 253 | + | (iii) If a lot owner requests in writing a copy of financial statements 15 | |
| 254 | + | of the homeowners association or the minutes of a meeting of the governing body of the 16 | |
| 255 | + | homeowners association to be delivered, the governing body of the homeowners association 17 | |
| 256 | + | shall compile and send the requested information by mail, electronic transmission, or 18 | |
| 257 | + | personal delivery: 19 | |
| 261 | 258 | ||
| 262 | - | (iii) If a lot owner requests in writing a copy of financial statements 18 | |
| 263 | - | of the homeowners association or the minutes of a meeting of the governing body of the 19 | |
| 264 | - | homeowners association to be delivered, the governing body of the homeowners association 20 | |
| 265 | - | shall compile and send the requested information by mail, electronic transmission, or 21 | |
| 266 | - | personal delivery: 22 | |
| 259 | + | 1. Within 21 days after receipt of the written request, if the 20 | |
| 260 | + | financial statements or minutes were prepared within the 3 years immediately preceding 21 | |
| 261 | + | receipt of the request; or 22 | |
| 267 | 262 | ||
| 268 | - | | |
| 269 | - | financial statements or minutes were prepared | |
| 270 | - | ||
| 263 | + | 2. Within 45 days after receipt of the written request, if the 23 | |
| 264 | + | financial statements or minutes were prepared more than 3 years before receipt of the 24 | |
| 265 | + | request. 25 | |
| 271 | 266 | ||
| 272 | - | 2 | |
| 273 | - | ||
| 274 | - | ||
| 267 | + | (2) Books and records kept by or on behalf of a homeowners association 26 | |
| 268 | + | may be withheld from public inspection, except for inspection by the person who is the 27 | |
| 269 | + | subject of the record or the person’s designee or guardian, to the extent that they concern: 28 | |
| 275 | 270 | ||
| 276 | - | (2) Books and records kept by or on behalf of a homeowners association 29 | |
| 277 | - | may be withheld from public inspection, except for inspection by the person who is the 30 | |
| 278 | - | subject of the record or the person’s designee or guardian, to the extent that they concern: 31 | |
| 271 | + | (i) Personnel records, not including information on individual 29 | |
| 272 | + | salaries, wages, bonuses, and other compensation paid to employees; 30 | |
| 279 | 273 | ||
| 280 | - | (i) Personnel records, not including information on individual 32 | |
| 281 | - | salaries, wages, bonuses, and other compensation paid to employees; 33 | |
| 274 | + | (ii) An individual’s medical records; 31 | |
| 282 | 275 | ||
| 283 | - | (ii) An individual’s medical records; 34 | |
| 284 | - | HOUSE BILL 1534 7 | |
| 276 | + | (iii) An individual’s personal financial records, including assets, 32 | |
| 277 | + | income, liabilities, net worth, bank balances, financial history or activities, and 33 | |
| 278 | + | creditworthiness; 34 | |
| 279 | + | ||
| 280 | + | (iv) Records relating to business transactions that are currently in 35 | |
| 281 | + | negotiation; 36 HOUSE BILL 1534 7 | |
| 285 | 282 | ||
| 286 | 283 | ||
| 287 | - | (iii) An individual’s personal financial records, including assets, 1 | |
| 288 | - | income, liabilities, net worth, bank balances, financial history or activities, and 2 | |
| 289 | - | creditworthiness; 3 | |
| 290 | 284 | ||
| 291 | - | (iv) Records relating to business transactions that are currently in 4 | |
| 292 | - | negotiation; 5 | |
| 285 | + | (v) The written advice of legal counsel; or 1 | |
| 293 | 286 | ||
| 294 | - | (v) The written advice of legal counsel; or 6 | |
| 287 | + | (vi) Minutes of a closed meeting of the governing body of the 2 | |
| 288 | + | homeowners association, unless a majority of a quorum of the governing body of the 3 | |
| 289 | + | homeowners association that held the meeting approves unsealing the minutes or a 4 | |
| 290 | + | recording of the minutes for public inspection. 5 | |
| 295 | 291 | ||
| 296 | - | (vi) Minutes of a closed meeting of the governing body of the 7 | |
| 297 | - | homeowners association, unless a majority of a quorum of the governing body of the 8 | |
| 298 | - | homeowners association that held the meeting approves unsealing the minutes or a 9 | |
| 299 | - | recording of the minutes for public inspection. 10 | |
| 292 | + | (b) (1) [Except for a reasonable charge imposed on a person desiring to review 6 | |
| 293 | + | or copy the books and records or who requests delivery of information, the homeowners 7 | |
| 294 | + | association may not impose any charges under this section.] 8 | |
| 300 | 295 | ||
| 301 | - | (b) (1) [Except for a reasonable charge imposed on a person desiring to review 11 | |
| 302 | - | or copy the books and records or who requests delivery of information, the homeowners 12 | |
| 303 | - | association may not impose any charges under this section.] 13 | |
| 296 | + | (I) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBS ECTION, 9 | |
| 297 | + | THE HOMEOWNERS ASSOC IATION MAY IMPOSE A REASONABLE CHARGE ON A 10 | |
| 298 | + | PERSON DESIRING TO R EVIEW OR COPY THE BO OKS AND RECORDS OR W HO 11 | |
| 299 | + | REQUESTS DELIVERY OF INFORMATION . 12 | |
| 304 | 300 | ||
| 305 | - | (I) EXCEPT AS OTHERWISE PROVIDE D IN THIS SUBSECTION , 14 | |
| 306 | - | THE HOMEOWNERS ASSOC IATION MAY IMPOSE A REASONABLE CHARGE ON A 15 | |
| 307 | - | PERSON DESIRING TO R EVIEW OR COPY THE BO OKS AND RECORDS OR W HO 16 | |
| 308 | - | REQUESTS DELIVERY OF INFORMATION . 17 | |
| 301 | + | (II) THE HOMEOWNERS ASSOCI ATION MAY NOT IMPO SE ANY 13 | |
| 302 | + | CHARGES UNDER THIS SECTION OTHER THAN THOSE AUT HORIZED UNDER 14 | |
| 303 | + | SUBPARAGRAPH (I) OF THIS PARAGRAPH . 15 | |
| 309 | 304 | ||
| 310 | - | (II) THE HOMEOWNERS ASSOCI ATION MAY NOT IMPOSE ANY 18 | |
| 311 | - | CHARGES UNDER THIS S ECTION OTHER THAN TH OSE AUTHORIZED UNDER 19 | |
| 312 | - | SUBPARAGRAPH (I) OF THIS PARAGRAPH . 20 | |
| 305 | + | (2) A LOT OWNER MAY NOT BE CHARGED FOR : 16 | |
| 313 | 306 | ||
| 314 | - | (2) A LOT OWNER MAY NOT BE CHARGED FOR : 21 | |
| 307 | + | (I) EXAMINING THE FINANCI AL STATEMENTS OF THE 17 | |
| 308 | + | HOMEOWNERS ASSOCIATI ON IN PERSON WHERE T HE FINANCIAL STATEME NTS ARE 18 | |
| 309 | + | MAINTAINED IN ACCORD ANCE WITH SUBSECTION (A)(1)(I) OF THIS SECTION , 19 | |
| 310 | + | UNLESS THE FINANCIAL STATEMENTS ARE LOCAT ED IN A DEPOSITORY ; OR 20 | |
| 315 | 311 | ||
| 316 | - | (I) EXAMINING THE FINANCI AL STATEMENTS OF THE 22 | |
| 317 | - | HOMEOWNERS ASSOCIATI ON IN PERSON WHERE T HE FINANCIAL STATEME NTS ARE 23 | |
| 318 | - | MAINTAINED IN ACCORD ANCE WITH SUBSECTION (A)(1)(I) OF THIS SECTION , 24 | |
| 319 | - | UNLESS THE FINANCIAL STATEMENTS ARE LOCAT ED IN A DEPOSITORY ; OR 25 | |
| 312 | + | (II) RECEIVING THE FINANCIAL STATEMENTS OF THE 21 | |
| 313 | + | HOMEOWNERS ASSOCIATI ON THROUGH ELECTRONI C TRANSMISSION IN 22 | |
| 314 | + | ACCORDANCE WITH SUBS ECTION (A)(1)(III) OF THIS SECTION. 23 | |
| 320 | 315 | ||
| 321 | - | ( | |
| 322 | - | ||
| 323 | - | ||
| 316 | + | [(2)] (3) A charge imposed under paragraph (1) of this subsection for 24 | |
| 317 | + | copying books and records may not exceed the limits authorized under Title 7, Subtitle 2 of 25 | |
| 318 | + | the Courts Article. 26 | |
| 324 | 319 | ||
| 325 | - | [(2)] (3) A charge imposed under paragraph (1) of this subsection for 29 | |
| 326 | - | copying books and records may not exceed the limits authorized under Title 7, Subtitle 2 of 30 | |
| 327 | - | the Courts Article. 31 | |
| 320 | + | (c) (1) Each homeowners association that was in existence on June 30, 1987 27 | |
| 321 | + | shall deposit in the depository by December 31, 1988, and each homeowners association 28 | |
| 322 | + | established subsequent to June 30, 1987 shall deposit in the depository by the later of the 29 | |
| 323 | + | date 30 days following its establishment, or December 31, 1988, all disclosures, current to 30 | |
| 324 | + | the date of deposit, specified: 31 | |
| 328 | 325 | ||
| 329 | - | ( | |
| 330 | - | ||
| 331 | - | ||
| 326 | + | (i) By § 11B–105(b) of this title except for those disclosures required 32 | |
| 327 | + | by paragraphs (6)(i), (8), (9), and (12); 33 | |
| 328 | + | 8 HOUSE BILL 1534 | |
| 332 | 329 | ||
| 333 | 330 | ||
| 334 | - | ||
| 335 | - | ||
| 331 | + | (ii) By § 11B–106(b) of this title except for those disclosures required 1 | |
| 332 | + | by paragraphs (1), (2), (4), and (5)(i); and 2 | |
| 336 | 333 | ||
| 337 | - | (i) By § 11B–105(b) of this title except for those disclosures required 3 | |
| 338 | - | by paragraphs (6)(i), (8), (9), and (12); 4 | |
| 334 | + | (iii) By § 11B–107(b) of this title. 3 | |
| 339 | 335 | ||
| 340 | - | (ii) By § 11B–106(b) of this title except for those disclosures required 5 | |
| 341 | - | by paragraphs (1), (2), (4), and (5)(i); and 6 | |
| 336 | + | (2) Beginning January 1, 1989, within 30 days of the adoption of or 4 | |
| 337 | + | amendment to any of the disclosures required by this title to be deposited in the depository, 5 | |
| 338 | + | a homeowners association shall deposit the adopted or amended disclosures in the 6 | |
| 339 | + | depository. 7 | |
| 342 | 340 | ||
| 343 | - | (iii) By § 11B–107(b) of this title. 7 | |
| 341 | + | (3) If a homeowners association fails to deposit in the depository any of the 8 | |
| 342 | + | disclosures required to be deposited by this section, or by § 11B–105(b)(6)(ii) or § 9 | |
| 343 | + | 11B–106(b)(5)(ii) of this title, then those disclosures which were not deposited shall be 10 | |
| 344 | + | unenforceable until the time they are deposited. 11 | |
| 344 | 345 | ||
| 345 | - | (2) Beginning January 1, 1989, within 30 days of the adoption of or 8 | |
| 346 | - | amendment to any of the disclosures required by this title to be deposited in the depository, 9 | |
| 347 | - | a homeowners association shall deposit the adopted or amended disclosures in the 10 | |
| 348 | - | depository. 11 | |
| 346 | + | 11B–115. 12 | |
| 349 | 347 | ||
| 350 | - | (3) If a homeowners association fails to deposit in the depository any of the 12 | |
| 351 | - | disclosures required to be deposited by this section, or by § 11B–105(b)(6)(ii) or § 13 | |
| 352 | - | 11B–106(b)(5)(ii) of this title, then those disclosures which were not deposited shall be 14 | |
| 353 | - | unenforceable until the time they are deposited. 15 | |
| 348 | + | (a) (1) In this section, “consumer” means an actual or prospective purchaser, 13 | |
| 349 | + | lessee, assignee, or recipient of a lot in a development, OR A LOT OWNER . 14 | |
| 354 | 350 | ||
| 355 | - | ||
| 351 | + | (2) “Consumer” includes a co–obligor or surety for a consumer. 15 | |
| 356 | 352 | ||
| 357 | - | ( | |
| 358 | - | ||
| 353 | + | (b) This section is intended to provide minimum standards for protection of 16 | |
| 354 | + | consumers in the State. 17 | |
| 359 | 355 | ||
| 360 | - | (2) “Consumer” includes a co–obligor or surety for a consumer. 19 | |
| 356 | + | (c) [(1) To the extent that a violation of any provision of this title affects a 18 | |
| 357 | + | consumer, that] A violation OF THIS TITLE shall be within the scope of the enforcement 19 | |
| 358 | + | duties and powers of the Division of Consumer Protection of the Office of the Attorney 20 | |
| 359 | + | General, as described in Title 13 of the Commercial Law Article. 21 | |
| 361 | 360 | ||
| 362 | - | ( | |
| 363 | - | ||
| 361 | + | [(2) The provisions of this title shall otherwise be enforced by each unit of 22 | |
| 362 | + | State government within the scope of the authority of the unit.] 23 | |
| 364 | 363 | ||
| 365 | - | (c) [(1) To the extent that a violation of any provision of this title affects a 22 | |
| 366 | - | consumer, that] A violation OF THIS TITLE shall be within the scope of the enforcement 23 | |
| 367 | - | duties and powers of the Division of Consumer Protection of the Office of the Attorney 24 | |
| 368 | - | General, as described in Title 13 of the Commercial Law Article. 25 | |
| 364 | + | (d) THE DIVISION OF CONSUMER PROTECTION OF THE OFFICE OF THE 24 | |
| 365 | + | ATTORNEY GENERAL MAY ADOPT REG ULATIONS TO CARRY OU T THIS TITLE. 25 | |
| 369 | 366 | ||
| 370 | - | [(2) The provisions of this title shall otherwise be enforced by each unit of 26 | |
| 371 | - | State government within the scope of the authority of the unit.] 27 | |
| 367 | + | (E) (1) A county or municipal corporation may adopt a law, ordinance, or 26 | |
| 368 | + | regulation for the protection of a consumer to the extent and in the manner provided for 27 | |
| 369 | + | under § 13–103 of the Commercial Law Article. 28 | |
| 372 | 370 | ||
| 373 | - | (d) THE DIVISION OF CONSUMER PROTECTION OF THE OFFICE OF THE 28 | |
| 374 | - | ATTORNEY GENERAL MAY ADOPT REG ULATIONS TO CARRY OU T THIS TITLE. 29 | |
| 375 | - | ||
| 376 | - | (E) (1) A county or municipal corporation may adopt a law, ordinance, or 30 | |
| 377 | - | regulation for the protection of a consumer to the extent and in the manner provided for 31 | |
| 378 | - | under § 13–103 of the Commercial Law Article. 32 | |
| 371 | + | (2) Within 30 days of the effective date of a law, ordinance, or regulation 29 | |
| 372 | + | adopted under this subsection that is expressly applicable to a development, the county or 30 | |
| 373 | + | municipal corporation shall forward a copy of the law, ordinance, or regulation to the 31 | |
| 374 | + | homeowners association depository in the office of the clerk of the court in the county where 32 | |
| 375 | + | the development is located. 33 | |
| 379 | 376 | HOUSE BILL 1534 9 | |
| 380 | 377 | ||
| 381 | 378 | ||
| 382 | - | (2) Within 30 days of the effective date of a law, ordinance, or regulation 1 | |
| 383 | - | adopted under this subsection that is expressly applicable to a development, the county or 2 | |
| 384 | - | municipal corporation shall forward a copy of the law, ordinance, or regulation to the 3 | |
| 385 | - | homeowners association depository in the office of the clerk of the court in the county where 4 | |
| 386 | - | the development is located. 5 | |
| 379 | + | 11B–118. 1 | |
| 387 | 380 | ||
| 388 | - | 11B–118. 6 | |
| 381 | + | (A) (1) ELECTIONS FOR THE GOV ERNING BODY OF A HOM EOWNERS 2 | |
| 382 | + | ASSOCIATION, INCLUDING THE COLLEC TION AND COUNTING OF BALLOTS AND THE 3 | |
| 383 | + | CERTIFYING OF RESULT S, SHALL BE CONDUCTED B Y INDEPENDENT PARTIE S WHO: 4 | |
| 389 | 384 | ||
| 390 | - | (A) (1) ELECTIONS FOR THE GOV ERNING BODY OF A HOM EOWNERS 7 | |
| 391 | - | ASSOCIATION, INCLUDING THE C OLLECTION AND COUNTI NG OF BALLOTS AND TH E 8 | |
| 392 | - | CERTIFYING OF RESULT S, SHALL BE CONDUCTED B Y INDEPENDENT PARTIE S WHO: 9 | |
| 385 | + | (I) ARE NOT CANDIDATES FO R POSITIONS ON THE GOVERNING 5 | |
| 386 | + | BODY OF THE HOMEOWNE RS ASSOCIATION IN TH AT ELECTION; AND 6 | |
| 393 | 387 | ||
| 394 | - | ( | |
| 395 | - | ||
| 388 | + | (II) DO NOT HAVE A CONFLIC T OF INTEREST REGARD ING ANY 7 | |
| 389 | + | CANDIDATE IN THE ELE CTION. 8 | |
| 396 | 390 | ||
| 397 | - | ( | |
| 398 | - | ||
| 391 | + | (2) (I) REPRESENTATIVES OF TH E HOMEOWNERS ASSOCIA TION’S 9 | |
| 392 | + | PROPERTY MANAGEMENT ARE NOT INDEPENDE NT PARTIES. 10 | |
| 399 | 393 | ||
| 400 | - | (2) (I) REPRESENTATIVES UNLESS PROPERTY MANAG EMENT FOR 14 | |
| 401 | - | A HOMEOWNERS ASSOCIA TION, OR A PARENT ASSOCIAT ION OF THE HOMEOWNER S 15 | |
| 402 | - | ASSOCIATION, IS OWNED BY THE HOME OWNERS ASSOCIATION , REPRESENTATIVES 16 | |
| 403 | - | OF THE HOMEOWNERS ASSOCI ATION’S PROPERTY MANAGEMEN T ARE NOT 17 | |
| 404 | - | INDEPENDENT PARTIES . 18 | |
| 394 | + | (II) A LOT OWNER IS AN INDE PENDENT PARTY IF THE LOT 11 | |
| 395 | + | OWNER: 12 | |
| 405 | 396 | ||
| 406 | - | | |
| 407 | - | ||
| 397 | + | 1. COMPLIES WITH THE REQ UIREMENTS OF THIS 13 | |
| 398 | + | SUBSECTION; 14 | |
| 408 | 399 | ||
| 409 | - | 1. COMPLIES WITH THE REQ UIREMENTS OF THIS 21 | |
| 410 | - | SUBSECTION; 22 | |
| 400 | + | 2. DOES NOT ELECTIONEER FOR ANY CANDIDATE ; AND 15 | |
| 411 | 401 | ||
| 412 | - | 2. DOES NOT ELECTIONEER FOR ANY CANDIDATE ; AND 23 | |
| 402 | + | 3. IS NOT SUBJECT TO AN OBJECTION BY MORE TH AN 25 16 | |
| 403 | + | PERCENT OF TH E ELIGIBLE VOTING ME MBERS OF THE HOMEOWN ERS ASSOCIATION . 17 | |
| 413 | 404 | ||
| 414 | - | 3. IS NOT SUBJECT TO AN OBJECTION BY MORE TH AN 25 24 | |
| 415 | - | PERCENT OF THE ELIGI BLE VOTING MEMBERS O F THE HOMEOWNERS ASS OCIATION. 25 | |
| 405 | + | (III) THE HOMEOWNERS ASSOCI ATION MAY RETAIN A 18 | |
| 406 | + | THIRD–PARTY VENDOR OR EMPL OY A COMMERCIAL TECH NOLOGY PLATFORM TO 19 | |
| 407 | + | CONDUCT THE ELECTION . 20 | |
| 416 | 408 | ||
| 417 | - | ( | |
| 418 | - | ||
| 419 | - | ||
| 409 | + | (B) INDIVIDUALS CONDUCTIN G AN ELECTION SHALL MAKE REASONA BLE 21 | |
| 410 | + | EFFORTS TO ENSURE TH AT THE ELECTION IS F AIR AND THAT THERE I S 22 | |
| 411 | + | ACCOUNTABILITY FOR T HE PROCESS AND THE R ESULTS OF THE ELECTI ON. 23 | |
| 420 | 412 | ||
| 421 | - | (B) INDIVIDUALS CONDUCTIN G AN ELECTION SHALL MAKE REASONABLE 29 | |
| 422 | - | EFFORTS TO ENSURE TH AT THE ELECTION IS F AIR AND THAT THERE I S 30 | |
| 423 | - | ACCOUNTABILITY FOR T HE PROCESS AND THE R ESULTS OF THE ELECTI ON. 31 | |
| 413 | + | (C) A LOT OWNER DESIGNATED TO CONDUCT AN ELECTI ON WHO ACTS IN 24 | |
| 414 | + | GOOD FAITH HAS NO PE RSONAL LIABILITY IN CONNECTION WITH THE CONDUCT OF 25 | |
| 415 | + | AN ELECTION. 26 | |
| 416 | + | ||
| 417 | + | (D) PROVISIONS OF THE GOV ERNING DOCUMENTS , RULES, OR 27 | |
| 418 | + | REGULATIONS OF A HOM EOWNERS ASSOCIATION RELATING TO THE COND UCT OF 28 | |
| 419 | + | ELECTIONS THAT ARE I NCONSISTENT WITH THE REQUIREMENTS OF THIS SECTION 29 | |
| 420 | + | ARE VOID AND UNENFOR CEABLE. 30 | |
| 424 | 421 | 10 HOUSE BILL 1534 | |
| 425 | 422 | ||
| 426 | 423 | ||
| 427 | - | (C) A LOT OWNER DESIGNATED TO CONDUCT AN ELECTI ON WHO ACTS I N 1 | |
| 428 | - | GOOD FAITH HAS NO PE RSONAL LIABILITY IN CONNECTION WITH THE CONDUCT OF 2 | |
| 429 | - | AN ELECTION. 3 | |
| 424 | + | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 1 | |
| 425 | + | October 1, 2025. 2 | |
| 430 | 426 | ||
| 431 | - | (D) PROVISIONS OF THE GOV ERNING DOCUMENTS , RULES, OR 4 | |
| 432 | - | REGULATIONS OF A HOM EOWNERS ASSOCIATION RELATING TO THE COND UCT OF 5 | |
| 433 | - | ELECTIONS THAT ARE I NCONSISTENT WITH THE REQUIREMENTS OF THIS SECTI ON 6 | |
| 434 | - | ARE VOID AND UNENFOR CEABLE. 7 | |
| 435 | - | ||
| 436 | - | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 8 | |
| 437 | - | October 1, 2025. 9 | |
| 438 | - | ||
| 439 | - | ||
| 440 | - | ||
| 441 | - | ||
| 442 | - | Approved: | |
| 443 | - | ________________________________________________________________________________ | |
| 444 | - | Governor. | |
| 445 | - | ________________________________________________________________________________ | |
| 446 | - | Speaker of the House of Delegates. | |
| 447 | - | ________________________________________________________________________________ | |
| 448 | - | President of the Senate. |