EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0335*
HOUSE BILL 335
N1 5lr0885
HB 417/24 – ENT
By: Delegate Grammer
Introduced and read first time: January 13, 2025
Assigned to: Environment and Transportation
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 6, 2025
CHAPTER ______
AN ACT concerning 1
Baltimore County – Nuisance Actions – Community Association 2
FOR the purpose of altering the definitions of “community association” and “local code 3
violation” to authorize community associations to seek judicial relief for nuisance 4
abatement in Baltimore County; requiring certain notices relating to nuisance 5
actions to be provided to the county code enforcement agency and certain tenants 6
and property owners; repealing a provision of law requiring a certain court to 7
determine the amount and conditions of a bond filed by a community association in 8
a certain nuisance action; and generally relating to the right of community 9
associations to seek judicial relief for nuisance abatement in Baltimore County. 10
BY repealing and reenacting, with amendments, 11
Article – Real Property 12
Section 14–125 13
Annotated Code of Maryland 14
(2023 Replacement Volume and 2024 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Real Property 18
14–125. 19
(a) (1) In this section the following words have the meanings indicated. 20 2 HOUSE BILL 335
(2) (I) “Community association” means a Maryland nonprofit 1
ASSOCIATION, corporation, OR OTHER ORGANIZATIO N that IS: 2
[(i) Is comprised of at least 20% of the total number of households as 3
members, with a minimum membership of 25 households , of a local community that 4
consists of 40 or more individual households as defined by specific geographic boundaries 5
in the bylaws or charter of the community association; 6
(ii) Requires, as a condition of membership, the payment of 7
monetary dues at least annually;] 8
1. COMPOSED OF RESIDENTS OF A COMMUNITY 9
DEFINED BY SPECIFIC GEOGRAPHIC BOUNDARIE S IN THE BYLAWS OR C HARTER OF 10
THE COMMUNITY ASSOCI ATION AND WITHIN WHI CH A NUISANCE IS LOC ATED; 11
[(iii)] 2. [Is operated] OPERATED primarily for the promotion of 12
social welfare and general neighborhood improvement and enhancement; 13
[(iv) Has been in existence for at least 1 year when it files suit under 14
this section;] 15
[(v) 1.] 3. [Is exempt] EXEMPT from taxation under § 501(c)(3) or 16
(4) OR § 528 of the Internal Revenue Code; [or 17
2. Has been included for a period of at least 1 year prior to 18
bringing an action under this section in the “Directory of Organizations in Baltimore 19
County” that is published by the Baltimore County Public Library;] and 20
[(vi)] 4. [Is] INCORPORATED AND in good standing WITH THE 21
STATE DEPARTMENT OF ASSESSMENTS AND TAXATION. 22
(II) “COMMUNITY ASSOCIATION ” INCLUDES A MARYLAND 23
NONPROFIT ASSOCIATIO N, CORPORATION , OR OTHER ORGANIZATIO N THAT: 24
1. MEETS THE REQUIREMENT S OF AN INDIVIDUAL 25
COMMUNITY ASSOCIATIO N UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH ; AND 26
2. REPRESENTS TWO OR MOR E INDIVIDUAL COMMUNI TY 27
ASSOCIATIONS. 28
(3) (I) “Local code violation” means a violation under ARTICLE 13, 29
Title [22.] 7. “Nuisances” OR, EXCEPT AS PROVIDED IN SU BPARAGRAPH (II) OF THIS 30
PARAGRAPH , ARTICLE 35, “BUILDINGS AND HOUSING” of the Baltimore County Code 31
[1988] 2015, AS AMENDED . 32 HOUSE BILL 335 3
(II) “LOCAL CODE VIOLATION ” DOES NOT INCLUDE A 1
VIOLATION UNDER : 2
1. ARTICLE 35, TITLE 4. “RENT ESCROW LAW” OF THE 3
BALTIMORE COUNTY CODE 2015, AS AMENDED; OR 4
2. ANY STORMWATER MANAGE MENT PROVISION OF TH E 5
BALTIMORE COUNTY CODE. 6
(4) “Nuisance” means, within the boundaries of the community 7
represented by the community association, an act or condition created, performed, or 8
maintained on private property that constitutes a local code violation and that: 9
(i) Negatively impacts the well–being of other residents of the 10
neighborhood; and 11
(ii) 1. Is injurious to public health, safety, or welfare of 12
neighboring residents; or 13
2. Obstructs the reasonable use of other property in the 14
neighborhood. 15
(b) This section only applies to a nuisance located within the boundaries of 16
Baltimore County. 17
(c) (1) A community association may seek injunctive and other equitable relief 18
in the Circuit Court for Baltimore County for abatement of a nuisance upon showing that: 19
(i) The notice requirements under paragraphs (2) and (3) of this 20
subsection have been satisfied; and 21
(ii) The nuisance has not been abated. 22
(2) (i) 1. An action may not be brought under this section based on 23
a nuisance until 60 days after the community association gives notice of the violation and 24
of the community association’s intent to bring an action under this section by certified mail, 25
return receipt requested, to the County Code enforcement agency. 26
2. IF THE APPROPRIATE COUNTY CODE ENFORCEMENT 27
AGENCY IS THE BALTIMORE COUNTY DEPARTMENT OF HOUSING AND COMMUNITY 28
DEVELOPMENT , AN ACTION UNDER THIS SECTION MAY NOT BE B ROUGHT IF THE 29
BALTIMORE COUNTY DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 30
PROVIDES A WRITTEN R ESPONSE TO THE COMMU NITY ASSOCIATION WIT HIN 60 DAYS 31
AFTER RECEIVING THE NOTICE REQUIRED UNDE R THIS SUBPARAGRAPH THAT THE 32 4 HOUSE BILL 335
PROPERTY THAT IS THE SUBJECT OF THE VIOLA TION IS PART OF AN ACTIVE COD E 1
ENFORCEMENT PLAN . 2
(ii) An action under this section may not be brought if the County 3
Code enforcement agency has filed an action for equitable relief from the nuisance. 4
(3) (i) An action may not be brought under this section until 60 days 5
after the tenant, if any, and owner of record receive notice by certified mail, return receipt 6
requested, from the community association that a nuisance exists and that legal action may 7
be taken if the nuisance is not abated. 8
(ii) The notice shall specify: 9
1. The nature of the alleged nuisance; 10
2. The date and time of day the nuisance was first 11
documented; 12
3. The location on the property where the nuisance is 13
allegedly occurring; and 14
4. The relief sought. 15
(iii) 1. THE NOTICE SHALL BE P ROVIDED TO THE TENAN T, IF 16
ANY, AND THE OWNER OF REC ORD IN THE SAME MANN ER AS SERVICE OF PRO CESS 17
IN A CIVIL IN PERSON AM ACTION UNDER THE MARYLAND RULES. 18
2. ADEQUATE AND SUFFICIE NT NOTICE MAY BE GIV EN 19
TO THE TENANT , IF ANY, AND THE OWNER OF RECORD BY S ENDING A COPY OF THE 20
NOTICE BY REGULAR MA IL AND POSTING A COP Y OF THE NOTICE ON T HE PROPERTY 21
WHERE THE NUISANCE I S ALLEGEDLY OCCURRIN G, IF NOTICE SENT BY CE RTIFIED 22
MAIL IS: 23
A. RETURNED UNCLAIMED OR REFUSED; 24
B. DESIGNATED BY TH E POST OFFICE TO BE 25
UNDELIVERABLE FOR AN Y OTHER REASON ; OR 26
C. SIGNED FOR BY A PERSO N OTHER THAN THE 27
ADDRESSEE. 28
(IV) In filing a suit under this section, an officer of the community 29
association shall certify to the court: 30
1. What steps the community association has taken to satisfy 31
the notice requirements under this subsection; and 32 HOUSE BILL 335 5
2. That each condition precedent to the filing of an action 1
under this section has been met. 2
[(4) The court shall determine in what amount and under what conditions, 3
if any, a bond shall be filed by a community association in an action for relief under this 4
section.] 5
(4) (I) AN ACTION MAY NOT BE BROUGHT AGAINST AN O WNER OF 6
RESIDENTIAL RENTAL P ROPERTY UNLESS , PRIOR TO THE PROVISI ON OF NOTICE 7
UNDER SUBSECT ION (C)(3)(I) OF THIS SECTION, A NOTICE OF VIOLATIO N RELATING 8
TO THE NUISANCE HAS FIRST BEEN ISSUED BY AN APPROPRIATE CODE 9
ENFORCEMENT AGENCY . 10
(II) IN THE CASE OF A NUIS ANCE BASED ON A HOUS ING OR 11
BUILDING CODE VIOLAT ION, OTHER THAN A RECURRE NT SANITATION VIOLATION, 12
RELIEF MAY NOT BE GR ANTED UNDER THIS SEC TION UNLESS A VIOLAT ION NOTICE 13
RELATING TO THE NUIS ANCE HAS BEEN ISSUED BY AN OFFICIAL OF TH E STATE OR 14
BALTIMORE COUNTY AND REMAINS OU TSTANDING AFTER A PE RIOD OF 75 DAYS. 15
(d) A political subdivision of the State or any agency of a political subdivision is 16
not subject to any action brought under this section or an action resulting from an action 17
brought under this section against a private property owner. 18
(e) (1) Subject to paragraph (2) of this subsection, this section may not be 19
construed to abrogate any equitable or legal right or remedy otherwise available under the 20
law to abate a nuisance. 21
(2) This section may not be construed as granting standing for an action: 22
(i) Challenging any zoning, development, special exception, or 23
variance application or approval; 24
(ii) In which the alleged nuisance consists of: 25
1. A condition relating to lead paint; 26
2. An interior physical defect of a property, except in 27
situations that present a threat to neighboring properties; or 28
3. A vacant dwelling that is maintained in a boarded 29
condition, free from trash and debris, and secure against trespassers and weather entry; 30
(iii) Involving any violation of alcoholic beverages laws under the 31
Alcoholic Beverages and Cannabis Article; or 32
6 HOUSE BILL 335
(iv) Involving any matter in which a certificate, license, permit, or 1
registration is required or allowed under the Environment Article. 2
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
October 1, 2025. 4
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.