Maryland 2025 Regular Session

Maryland House Bill HB335 Compare Versions

Version 1 (Old)

Version 2 (New)

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		hb0335
9	6
10	7		HOUSE BILL 335
11	8		N1 5lr0885
12	9		HB 417/24 – ENT
13	10		By: Delegate Grammer
14	11		Introduced and read first time: January 13, 2025
15	12		Assigned to: Environment and Transportation
16		-	Committee Report: Favorable with amendments
17		-	House action: Adopted
18		-	Read second time: March 6, 2025
19	13
20		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24	18		Baltimore County – Nuisance Actions – Community Association 2
25	19
26	20		FOR the purpose of altering the definitions of “community association” and “local code 3
27	21		violation” to authorize community associations to seek judicial relief for nuisance 4
28		-	abatement in Baltimore County; requiring certain notices relating to nuisance 5
29		-	actions to be provided to the county code enforcement agency and certain tenants 6
30		-	and property owners; repealing a provision of law requiring a certain court to 7
31		-	determine the amount and conditions of a bond filed by a community association in 8
32		-	a certain nuisance action; and generally relating to the right of community 9
33		-	associations to seek judicial relief for nuisance abatement in Baltimore County. 10
	22	+	abatement in Baltimore County; repealing a provision of law requiring a certain 5
	23	+	court to determine the amount and conditions of a bond filed by a community 6
	24	+	association in a certain nuisance action; and generally relating to the right of 7
	25	+	community associations to seek judicial relief for nuisance abatement in Baltimore 8
	26	+	County. 9
34	27
35		-	BY repealing and reenacting, with amendments, 11
36		-	Article – Real Property 12
37		-	Section 14–125 13
38		-	Annotated Code of Maryland 14
39		-	(2023 Replacement Volume and 2024 Supplement) 15
	28	+	BY repealing and reenacting, with amendments, 10
	29	+	Article – Real Property 11
	30	+	Section 14–125 12
	31	+	Annotated Code of Maryland 13
	32	+	(2023 Replacement Volume and 2024 Supplement) 14
40	33
41		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
42		-	That the Laws of Maryland read as follows: 17
	34	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
	35	+	That the Laws of Maryland read as follows: 16
43	36
44		-	Article – Real Property 18
	37	+	Article – Real Property 17
45	38
46		-	14–125. 19
	39	+	14–125. 18
47	40
48		-	(a) (1) In this section the following words have the meanings indicated. 20 2 HOUSE BILL 335
	41	+	(a) (1) In this section the following words have the meanings indicated. 19
	42	+
	43	+	(2) (I) “Community association” means a Maryland nonprofit 20
	44	+	ASSOCIATION, corporation, OR OTHER ORGANIZATIO N that IS: 21
	45	+
	46	+	[(i) Is comprised of at least 20% of the total number of households as 22
	47	+	members, with a minimum membership of 25 households, of a local community that 23 2 HOUSE BILL 335
	48	+
	49	+
	50	+	consists of 40 or more individual households as defined by specific geographic boundaries 1
	51	+	in the bylaws or charter of the community association; 2
	52	+
	53	+	(ii) Requires, as a condition of membership, the payment of 3
	54	+	monetary dues at least annually;] 4
	55	+
	56	+	1. COMPOSED OF RESIDENTS OF A COMMUNITY 5
	57	+	DEFINED BY SPECIFIC GEOGRAPHIC BOUNDARIE S IN THE BYLAWS OR C HARTER OF 6
	58	+	THE COMMUNITY ASSOCI ATION AND WITHIN WHI CH A NUISANCE IS LOC ATED; 7
	59	+
	60	+	[(iii)] 2. [Is operated] OPERATED primarily for the promotion of 8
	61	+	social welfare and general neighborhood improvement and enhancement; 9
	62	+
	63	+	[(iv) Has been in existence for at least 1 year when it files suit under 10
	64	+	this section;] 11
	65	+
	66	+	[(v) 1.] 3. [Is exempt] EXEMPT from taxation under § 501(c)(3) or 12
	67	+	(4) OR § 528 of the Internal Revenue Code; [or 13
	68	+
	69	+	2. Has been included for a period of at least 1 year prior to 14
	70	+	bringing an action under this section in the “Directory of Organizations in Baltimore 15
	71	+	County” that is published by the Baltimore County Public Library;] and 16
	72	+
	73	+	[(vi)] 4. [Is] INCORPORATED AND in good standing WITH THE 17
	74	+	STATE DEPARTMENT OF ASSESSMENTS AND TAXATION. 18
	75	+
	76	+	(II) “COMMUNITY ASSOCIATION ” INCLUDES A MARYLAND 19
	77	+	NONPROFIT ASSOCIATIO N, CORPORATION , OR OTHER ORGANIZATION THAT : 20
	78	+
	79	+	1. MEETS THE REQUIREMENT S OF AN INDIVIDUAL 21
	80	+	COMMUNITY ASSOCIATIO N UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH ; AND 22
	81	+
	82	+	2. REPRESENTS TWO OR MOR E INDIVIDUAL COMMUNI TY 23
	83	+	ASSOCIATIONS. 24
	84	+
	85	+	(3) (I) “Local code violation” means a violation under ARTICLE 13, 25
	86	+	Title [22.] 7. “Nuisances” OR, EXCEPT AS PROVIDED I N SUBPARAGRAPH (II) OF THIS 26
	87	+	PARAGRAPH , ARTICLE 35, “BUILDINGS AND HOUSING” of the Baltimore County Code 27
	88	+	[1988] 2015, AS AMENDED . 28
	89	+
	90	+	(II) “LOCAL CODE VIOLATION ” DOES NOT INCLUDE A 29
	91	+	VIOLATION UNDER ARTICLE 35, TITLE 4. “RENT ESCROW LAW” OF THE BALTIMORE 30
	92	+	COUNTY CODE 2015, AS AMENDED. 31
	93	+
	94	+	(4) “Nuisance” means, within the boundaries of the community 32 HOUSE BILL 335 3
	95	+
	96	+
	97	+	represented by the community association, an act or condition created, performed, or 1
	98	+	maintained on private property that constitutes a local code violation and that: 2
	99	+
	100	+	(i) Negatively impacts the well–being of other residents of the 3
	101	+	neighborhood; and 4
	102	+
	103	+	(ii) 1. Is injurious to public health, safety, or welfare of 5
	104	+	neighboring residents; or 6
	105	+
	106	+	2. Obstructs the reasonable use of other property in the 7
	107	+	neighborhood. 8
	108	+
	109	+	(b) This section only applies to a nuisance located within the boundaries of 9
	110	+	Baltimore County. 10
	111	+
	112	+	(c) (1) A community association may seek injunctive and other equitable relief 11
	113	+	in the Circuit Court for Baltimore County for abatement of a nuisance upon showing that: 12
	114	+
	115	+	(i) The notice requirements under paragraphs (2) and (3) of this 13
	116	+	subsection have been satisfied; and 14
	117	+
	118	+	(ii) The nuisance has not been abated. 15
	119	+
	120	+	(2) (i) An action may not be brought under this section based on a 16
	121	+	nuisance until 60 days after the community association gives notice of the violation and of 17
	122	+	the community association’s intent to bring an action under this section by certified mail, 18
	123	+	return receipt requested, to the County Code enforcement agency. 19
	124	+
	125	+	(ii) An action under this section may not be brought if the County 20
	126	+	Code enforcement agency has filed an action for equitable relief from the nuisance. 21
	127	+
	128	+	(3) (i) An action may not be brought under this section until 60 days 22
	129	+	after the tenant, if any, and owner of record receive notice by certified mail, return receipt 23
	130	+	requested, from the community association that a nuisance exists and that legal action may 24
	131	+	be taken if the nuisance is not abated. 25
	132	+
	133	+	(ii) The notice shall specify: 26
	134	+
	135	+	1. The nature of the alleged nuisance; 27
	136	+
	137	+	2. The date and time of day the nuisance was first 28
	138	+	documented; 29
	139	+
	140	+	3. The location on the property where the nuisance is 30
	141	+	allegedly occurring; and 31
	142	+
	143	+	4. The relief sought. 32 4 HOUSE BILL 335
49	144
50	145
51	146
52		-	(2) ~~(I) “Community association” means~~ a ~~Maryland nonprofit~~ 1
53		-	ASSOCIATION~~, corporation,~~ ~~OR OTHER ORGANIZATIO N that IS~~: 2
	147	+	(iii) In filing a suit under this section, an officer of the community 1
	148	+	association shall certify to the court: 2
54	149
55		-	[(i) Is comprised of at least 20% of the total number of households as 3
56		-	members, with a minimum membership of 25 households , of a local community that 4
57		-	consists of 40 or more individual households as defined by specific geographic boundaries 5
58		-	in the bylaws or charter of the community association; 6
	150	+	1. What steps the community association has taken to satisfy 3
	151	+	the notice requirements under this subsection; and 4
59	152
60		-	~~(ii) Requires,~~ ~~as a~~ condition ~~of membership,~~ the ~~payment~~ of 7
61		-	~~monetary dues at least annually;] 8~~
	153	+	2. That each condition precedent to the filing of an action 5
	154	+	under this section has been met. 6
62	155
63		-	~~1. COMPOSED OF RESIDENTS OF A COMMUNITY 9~~
64		-	~~DEFINED~~ BY ~~SPECIFIC GEOGRAPHIC BOUNDARIE S~~ IN ~~THE BYLAWS OR C HARTER OF 10~~
65		-	~~THE COMMUNITY ASSOCI ATION AND WITHIN WHI CH A NUISANCE IS LOC ATED; 11~~
	156	+	[(4) The court shall determine in what amount and under what conditions, 7
	157	+	if any, a bond shall be filed by a community association in an action for relief under this 8
	158	+	section.] 9
66	159
67		-	[(iii)] 2. [Is operated] OPERATED primarily for the promotion of 12
68		-	social welfare and general neighborhood improvement and enhancement; 13
	160	+	(d) A political subdivision of the State or any agency of a political subdivision is 10
	161	+	not subject to any action brought under this section or an action resulting from an action 11
	162	+	brought under this section against a private property owner. 12
69	163
70		-	[(iv) Has been in existence for at least 1 year when it files suit under 14
71		-	this section;] 15
	164	+	(e) (1) Subject to paragraph (2) of this subsection, this section may not be 13
	165	+	construed to abrogate any equitable or legal right or remedy otherwise available under the 14
	166	+	law to abate a nuisance. 15
72	167
73		-	[(v) 1.] 3. [Is exempt] EXEMPT from taxation under § 501(c)(3) or 16
74		-	(4) OR § 528 of the Internal Revenue Code; [or 17
	168	+	(2) This section may not be construed as granting standing for an action: 16
75	169
76		-	2. Has been included for a period of at least 1 year prior to 18
77		-	bringing an action under this section in the “Directory of Organizations in Baltimore 19
78		-	County” that is published by the Baltimore County Public Library;] and 20
	170	+	(i) Challenging any zoning, development, special exception, or 17
	171	+	variance application or approval; 18
79	172
80		-	[(vi)] 4. [Is] INCORPORATED AND in good standing WITH THE 21
81		-	STATE DEPARTMENT OF ASSESSMENTS AND TAXATION. 22
	173	+	(ii) In which the alleged nuisance consists of: 19
82	174
83		-	(II) “COMMUNITY ASSOCIATION ” INCLUDES A MARYLAND 23
84		-	NONPROFIT ASSOCIATIO N, CORPORATION , OR OTHER ORGANIZATIO N THAT: 24
	175	+	1. A condition relating to lead paint; 20
85	176
86		-	1. ~~MEETS THE REQUIREMENT S~~ OF ~~AN INDIVIDUAL 25~~
87		-	~~COMMUNITY ASSOCIATIO N UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH~~ ; ~~AND 26~~
	177	+	2. An interior physical defect of a property, except in 21
	178	+	situations that present a threat to neighboring properties; or 22
88	179
89		-	2. ~~REPRESENTS TWO OR MOR E INDIVIDUAL COMMUNI TY 27~~
90		-	~~ASSOCIATIONS. 28~~
	180	+	3. A vacant dwelling that is maintained in a boarded 23
	181	+	condition, free from trash and debris, and secure against trespassers and weather entry; 24
91	182
92		-	(3) (I) “Local code violation” means a violation under ARTICLE 13, 29
93		-	Title [22.] 7. “Nuisances” OR, EXCEPT AS PROVIDED IN SU BPARAGRAPH (II) OF THIS 30
94		-	PARAGRAPH , ARTICLE 35, “BUILDINGS AND HOUSING” of the Baltimore County Code 31
95		-	[1988] 2015, AS AMENDED . 32 HOUSE BILL 335 3
	183	+	(iii) Involving any violation of alcoholic beverages laws under the 25
	184	+	Alcoholic Beverages and Cannabis Article; or 26
	185	+
	186	+	(iv) Involving any matter in which a certificate, license, permit, or 27
	187	+	registration is required or allowed under the Environment Article. 28
	188	+
	189	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall t ake effect 29
	190	+	October 1, 2025. 30
96	191
97	192
98		-
99		-	(II) “LOCAL CODE VIOLATION ” DOES NOT INCLUDE A 1
100		-	VIOLATION UNDER : 2
101		-
102		-	1. ARTICLE 35, TITLE 4. “RENT ESCROW LAW” OF THE 3
103		-	BALTIMORE COUNTY CODE 2015, AS AMENDED; OR 4
104		-
105		-	2. ANY STORMWATER MANAGE MENT PROVISION OF TH E 5
106		-	BALTIMORE COUNTY CODE. 6
107		-
108		-	(4) “Nuisance” means, within the boundaries of the community 7
109		-	represented by the community association, an act or condition created, performed, or 8
110		-	maintained on private property that constitutes a local code violation and that: 9
111		-
112		-	(i) Negatively impacts the well–being of other residents of the 10
113		-	neighborhood; and 11
114		-
115		-	(ii) 1. Is injurious to public health, safety, or welfare of 12
116		-	neighboring residents; or 13
117		-
118		-	2. Obstructs the reasonable use of other property in the 14
119		-	neighborhood. 15
120		-
121		-	(b) This section only applies to a nuisance located within the boundaries of 16
122		-	Baltimore County. 17
123		-
124		-	(c) (1) A community association may seek injunctive and other equitable relief 18
125		-	in the Circuit Court for Baltimore County for abatement of a nuisance upon showing that: 19
126		-
127		-	(i) The notice requirements under paragraphs (2) and (3) of this 20
128		-	subsection have been satisfied; and 21
129		-
130		-	(ii) The nuisance has not been abated. 22
131		-
132		-	(2) (i) 1. An action may not be brought under this section based on 23
133		-	a nuisance until 60 days after the community association gives notice of the violation and 24
134		-	of the community association’s intent to bring an action under this section by certified mail, 25
135		-	return receipt requested, to the County Code enforcement agency. 26
136		-
137		-	2. IF THE APPROPRIATE COUNTY CODE ENFORCEMENT 27
138		-	AGENCY IS THE BALTIMORE COUNTY DEPARTMENT OF HOUSING AND COMMUNITY 28
139		-	DEVELOPMENT , AN ACTION UNDER THIS SECTION MAY NOT BE B ROUGHT IF THE 29
140		-	BALTIMORE COUNTY DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 30
141		-	PROVIDES A WRITTEN R ESPONSE TO THE COMMU NITY ASSOCIATION WIT HIN 60 DAYS 31
142		-	AFTER RECEIVING THE NOTICE REQUIRED UNDE R THIS SUBPARAGRAPH THAT THE 32 4 HOUSE BILL 335
143		-
144		-
145		-	PROPERTY THAT IS THE SUBJECT OF THE VIOLA TION IS PART OF AN ACTIVE COD E 1
146		-	ENFORCEMENT PLAN . 2
147		-
148		-	(ii) An action under this section may not be brought if the County 3
149		-	Code enforcement agency has filed an action for equitable relief from the nuisance. 4
150		-
151		-	(3) (i) An action may not be brought under this section until 60 days 5
152		-	after the tenant, if any, and owner of record receive notice by certified mail, return receipt 6
153		-	requested, from the community association that a nuisance exists and that legal action may 7
154		-	be taken if the nuisance is not abated. 8
155		-
156		-	(ii) The notice shall specify: 9
157		-
158		-	1. The nature of the alleged nuisance; 10
159		-
160		-	2. The date and time of day the nuisance was first 11
161		-	documented; 12
162		-
163		-	3. The location on the property where the nuisance is 13
164		-	allegedly occurring; and 14
165		-
166		-	4. The relief sought. 15
167		-
168		-	(iii) 1. THE NOTICE SHALL BE P ROVIDED TO THE TENAN T, IF 16
169		-	ANY, AND THE OWNER OF REC ORD IN THE SAME MANN ER AS SERVICE OF PRO CESS 17
170		-	IN A CIVIL IN PERSON AM ACTION UNDER THE MARYLAND RULES. 18
171		-
172		-	2. ADEQUATE AND SUFFICIE NT NOTICE MAY BE GIV EN 19
173		-	TO THE TENANT , IF ANY, AND THE OWNER OF RECORD BY S ENDING A COPY OF THE 20
174		-	NOTICE BY REGULAR MA IL AND POSTING A COP Y OF THE NOTICE ON T HE PROPERTY 21
175		-	WHERE THE NUISANCE I S ALLEGEDLY OCCURRIN G, IF NOTICE SENT BY CE RTIFIED 22
176		-	MAIL IS: 23
177		-
178		-	A. RETURNED UNCLAIMED OR REFUSED; 24
179		-
180		-	B. DESIGNATED BY TH E POST OFFICE TO BE 25
181		-	UNDELIVERABLE FOR AN Y OTHER REASON ; OR 26
182		-
183		-	C. SIGNED FOR BY A PERSO N OTHER THAN THE 27
184		-	ADDRESSEE. 28
185		-
186		-	(IV) In filing a suit under this section, an officer of the community 29
187		-	association shall certify to the court: 30
188		-
189		-	1. What steps the community association has taken to satisfy 31
190		-	the notice requirements under this subsection; and 32 HOUSE BILL 335 5
191		-
192		-
193		-
194		-	2. That each condition precedent to the filing of an action 1
195		-	under this section has been met. 2
196		-
197		-	[(4) The court shall determine in what amount and under what conditions, 3
198		-	if any, a bond shall be filed by a community association in an action for relief under this 4
199		-	section.] 5
200		-
201		-	(4) (I) AN ACTION MAY NOT BE BROUGHT AGAINST AN O WNER OF 6
202		-	RESIDENTIAL RENTAL P ROPERTY UNLESS , PRIOR TO THE PROVISI ON OF NOTICE 7
203		-	UNDER SUBSECT ION (C)(3)(I) OF THIS SECTION, A NOTICE OF VIOLATIO N RELATING 8
204		-	TO THE NUISANCE HAS FIRST BEEN ISSUED BY AN APPROPRIATE CODE 9
205		-	ENFORCEMENT AGENCY . 10
206		-
207		-	(II) IN THE CASE OF A NUIS ANCE BASED ON A HOUS ING OR 11
208		-	BUILDING CODE VIOLAT ION, OTHER THAN A RECURRE NT SANITATION VIOLATION, 12
209		-	RELIEF MAY NOT BE GR ANTED UNDER THIS SEC TION UNLESS A VIOLAT ION NOTICE 13
210		-	RELATING TO THE NUIS ANCE HAS BEEN ISSUED BY AN OFFICIAL OF TH E STATE OR 14
211		-	BALTIMORE COUNTY AND REMAINS OU TSTANDING AFTER A PE RIOD OF 75 DAYS. 15
212		-
213		-	(d) A political subdivision of the State or any agency of a political subdivision is 16
214		-	not subject to any action brought under this section or an action resulting from an action 17
215		-	brought under this section against a private property owner. 18
216		-
217		-	(e) (1) Subject to paragraph (2) of this subsection, this section may not be 19
218		-	construed to abrogate any equitable or legal right or remedy otherwise available under the 20
219		-	law to abate a nuisance. 21
220		-
221		-	(2) This section may not be construed as granting standing for an action: 22
222		-
223		-	(i) Challenging any zoning, development, special exception, or 23
224		-	variance application or approval; 24
225		-
226		-	(ii) In which the alleged nuisance consists of: 25
227		-
228		-	1. A condition relating to lead paint; 26
229		-
230		-	2. An interior physical defect of a property, except in 27
231		-	situations that present a threat to neighboring properties; or 28
232		-
233		-	3. A vacant dwelling that is maintained in a boarded 29
234		-	condition, free from trash and debris, and secure against trespassers and weather entry; 30
235		-
236		-	(iii) Involving any violation of alcoholic beverages laws under the 31
237		-	Alcoholic Beverages and Cannabis Article; or 32
238		-	6 HOUSE BILL 335
239		-
240		-
241		-	(iv) Involving any matter in which a certificate, license, permit, or 1
242		-	registration is required or allowed under the Environment Article. 2
243		-
244		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
245		-	October 1, 2025. 4
246		-
247		-
248		-
249		-
250		-
251		-
252		-	Approved:
253		-	________________________________________________________________________________
254		-	Governor.
255		-	________________________________________________________________________________
256		-	Speaker of the House of Delegates.
257		-	________________________________________________________________________________
258		-	President of the Senate.