Maryland 2025 Regular Session

Maryland House Bill HB363 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		hb0363
9	6
10	7		HOUSE BILL 363
11	8		N1 5lr1733
12		-	~~CF SB 817~~
	9	+
13	10		By: Delegate Holmes
14	11		Introduced and read first time: January 16, 2025
15	12		Assigned to: Environment and Transportation
16		-	Committee Report: Favorable
17		-	House action: Adopted
18		-	Read second time: February 18, 2025
19	13
20		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24	18		Common Ownership Communities – Candidate or Proposition Signs – Display 2
25	19		Period 3
26	20
27	21		FOR the purpose of altering, under certain circumstances, the time period during which a 4
28	22		common ownership community may restrict the display of candidate or proposition 5
29	23		signs; and generally relating to limitations on the display of candidate and 6
30	24		proposition signs in common ownership communities. 7
31	25
32	26		BY repealing and reenacting, with amendments, 8
33	27		Article – Corporations and Associations 9
34	28		Section 5–6B–23 10
35	29		Annotated Code of Maryland 11
36	30		(2014 Replacement Volume and 2024 Supplement) 12
37	31
38	32		BY repealing and reenacting, with amendments, 13
39	33		Article – Real Property 14
40	34		Section 11–111.2 and 11B–111.2 15
41	35		Annotated Code of Maryland 16
42	36		(2023 Replacement Volume and 2024 Supplement) 17
43	37
44	38		SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
45	39		That the Laws of Maryland read as follows: 19
46	40
47	41		Article – Corporations and Associations 20
	42	+
	43	+	5–6B–23. 21
	44	+
	45	+	(a) In this section, “candidate sign” means a sign on behalf of a candidate for 22
	46	+	public office or a slate of candidates for public office. 23
48	47		2 HOUSE BILL 363
49	48
50	49
51		-	5–6B–23. 1
	50	+	(b) Except as provided in subsection (c) of this section, a recorded covenant or 1
	51	+	restriction, a provision in a declaration, or a provision in the bylaws or rules of a cooperative 2
	52	+	housing corporation may not prohibit or restrict the display of: 3
52	53
53		-	(a) In this section, “candidate sign” means a sign on behalf of a candidate for 2
54		-	public office or a slate of candidates for public office. 3
	54	+	(1) A candidate sign; or 4
55	55
56		-	(b) Except as provided in subsection (c) of this section, a recorded covenant or 4
57		-	restriction, a provision in a declaration, or a provision in the bylaws or rules of a cooperative 5
58		-	housing corporation may not prohibit or restrict the display of: 6
	56	+	(2) A sign that advertises the support or defeat of any question submitted 5
	57	+	to the voters in accordance with the Election Law Article. 6
59	58
60		-	(1) A candidate sign; or 7
	59	+	(c) A recorded covenant or restriction, a provision in a declaration, or a provision 7
	60	+	in the bylaws or rules of a cooperative housing corporation may restrict the display of a 8
	61	+	candidate sign or a sign that advertises the support or defeat of any proposition: 9
61	62
62		-	(2) A ~~sign that advertises the support or defeat of any question submitted 8~~
63		-	to the ~~voters in accordance with the Election Law Article. 9~~
	63	+	(1) In any areas constituting those portions of a cooperative project 10
	64	+	possessed in common by the members; 11
64	65
65		-	(c) A recorded covenant or restriction, a provision in a declaration, or a provision 10
66		-	in the bylaws or rules of a cooperative housing corporation may restrict the display of a 11
67		-	candidate sign or a sign that advertises the support or defeat of any proposition: 12
	66	+	(2) In accordance with provisions of federal, State, and local law; or 12
68	67
69		-	(1) In any areas constituting those portions of a cooperative project 13
70		-	possessed in common by the members; 14
	68	+	(3) If a limitation to the time period during which signs may be displayed 13
	69	+	is not specified by a law governing the jurisdiction in which the cooperative housing 14
	70	+	corporation is located, to a time period not less than: 15
71	71
72		-	(2) In accordance with provisions of federal, State, and local law; or 15
	72	+	(i) 1. 30 DAYS BEFORE THE STAR T OF EARLY VOTING FO R A 16
	73	+	PRIMARY ELECTION , GENERAL ELECTION , OR VOTE ON THE PROPO SITION; OR 17
73	74
74		-	(3) If a limitation to the time period during which signs may be displayed 16
75		-	is not specified by a law governing the jurisdiction in which the cooperative housing 17
76		-	corporation is located, to a time period not less than: 18
	75	+	2. IF THERE IS NO EARLY VOTING, 30 days before the 18
	76	+	primary election, general election, or vote on the proposition; and 19
77	77
78		-	(i) ~~1. 30~~ DAYS ~~BEFORE~~ THE ~~STAR T OF EARLY VOTING FO R A 19~~
79		-	~~PRIMARY ELECTION , GENERAL ELECTION , OR VOTE ON THE PROPO SITION; OR 20~~
	78	+	(ii) 7 days after the primary election, general election, or vote on the 20
	79	+	proposition. 21
80	80
81		-	2. IF THERE IS NO EARLY VOTING, 30 days before the 21
82		-	primary election, general election, or vote on the proposition; and 22
	81	+	Article – Real Property 22
83	82
84		-	(ii) 7 days after the primary election, general election, or vote on the 23
85		-	proposition. 24
	83	+	11–111.2. 23
86	84
87		-	Article – Real Property 25
	85	+	(a) In this section, “candidate sign” means a sign on behalf of a candidate for 24
	86	+	public office or a slate of candidates for public office. 25
88	87
89		-	11–111.2. 26
	88	+	(b) Except as provided in subsection (c) of this section, a recorded covenant or 26
	89	+	restriction, a provision in a declaration, or a provision in the bylaws or rules of a 27
	90	+	condominium may not restrict or prohibit the display of: 28
90	91
91		-	(a) In this section, “candidate sign” means a sign on behalf of a candidate for 27
92		-	public office or a slate of candidates for public office. 28
	92	+	(1) A candidate sign; or 29
93	93
94		-	(b) Except as provided in subsection (c) of this section, a recorded covenant or 29
95		-	restriction, a provision in a declaration, or a provision in the bylaws or rules of a 30
96		-	condominium may not restrict or prohibit the display of: 31
	94	+	(2) A sign that advertises the support or defeat of any question submitted 30
	95	+	to voters in accordance with the Election Law Article. 31
97	96		HOUSE BILL 363 3
98	97
99	98
100		-	(1) A candidate sign; or 1
	99	+	(c) A recorded covenant or restriction, a provision in a declaration, or a provision 1
	100	+	in the bylaws or rules of a condominium may restrict the display of a candidate sign or a 2
	101	+	sign that advertises the support or defeat of any proposition: 3
101	102
102		-	(2) A sign that advertises the support or defeat of any question submitted 2
103		-	to voters in accordance with the Election Law Article. 3
	103	+	(1) In the common elements; 4
104	104
105		-	(c) A recorded covenant or restriction, a provision in a declaration, or a provision 4
106		-	in the bylaws or rules of a condominium may restrict the display of a candidate sign or a 5
107		-	sign that advertises the support or defeat of any proposition: 6
	105	+	(2) In accordance with provisions of federal, State, and local law; or 5
108	106
109		-	(1) In the common elements; 7
	107	+	(3) If a limitation to the time period during which signs may be displayed 6
	108	+	is not specified by a law of the jurisdiction in which the condominium is located, to a time 7
	109	+	period not less than: 8
110	110
111		-	(2) In accordance with provisions of federal, State, and local law; or 8
	111	+	(i) 1. 30 DAYS BEFORE THE STAR T OF EARLY VOTING FO R A 9
	112	+	PRIMARY ELECTION , GENERAL ELECTION , OR VOTE ON THE PROPO SITION; OR 10
112	113
113		-	(3) If a limitation to the time period during which signs may be displayed 9
114		-	is not specified by a law of the jurisdiction in which the condominium is located, to a time 10
115		-	period not less than: 11
	114	+	2. IF THERE IS NO EARLY VOTING, 30 days before the 11
	115	+	primary election, general election, or vote on the proposition; and 12
116	116
117		-	(i) ~~1. 30~~ DAYS ~~BEFORE~~ THE ~~STAR T OF EARLY VOTING FO R A 12~~
118		-	~~PRIMARY ELECTION , GENERAL ELECTION , OR VOTE ON THE PROPO SITION; OR 13~~
	117	+	(ii) 7 days after the primary election, general election, or vote on the 13
	118	+	proposition. 14
119	119
120		-	2. IF THERE IS NO EA RLY VOTING, 30 days before the 14
121		-	primary election, general election, or vote on the proposition; and 15
	120	+	11B–111.2. 15
122	121
123		-	(ii) ~~7 days after the primary election~~, ~~general election,~~ ~~or vote~~ on ~~the~~ 16
124		-	~~proposition~~. 17
	122	+	(a) In this section, “candidate sign” means a sign on behalf of a candidate for 16
	123	+	public office or a slate of candidates for public office. 17
125	124
126		-	11B–111.2. 18
	125	+	(b) Except as provided in subsection (c) of this section, a recorded covenant or 18
	126	+	restriction, a provision in a declaration, or a provision in the bylaws or rules of a 19
	127	+	homeowners association may not restrict or prohibit the display of: 20
127	128
128		-	(a) In this section, “candidate sign” means a sign on behalf of a candidate for 19
129		-	public office or a slate of candidates for public office. 20
	129	+	(1) A candidate sign; or 21
130	130
131		-	(b) Except as provided in subsection (c) of this section, a recorded covenant or 21
132		-	restriction, a provision in a declaration, or a provision in the bylaws or rules of a 22
133		-	homeowners association may not restrict or prohibit the display of: 23
	131	+	(2) A sign that advertises the support or defeat of any question submitted 22
	132	+	to the voters in accordance with the Election Law Article. 23
134	133
135		-	(1) A candidate sign; or 24
	134	+	(c) A recorded covenant or restriction, a provision in a declaration, or a provision 24
	135	+	in the bylaws or rules of a homeowners association may restrict the display of a candidate 25
	136	+	sign or a sign that advertises the support or defeat of any proposition: 26
136	137
137		-	(2) A sign that advertises the support or defeat of any question submitted 25
138		-	to the voters in accordance with the Election Law Article. 26
	138	+	(1) In the common areas; 27
139	139
140		-	(c) A recorded covenant or restriction, a provision in a declaration, or a provision 27
141		-	in the bylaws or rules of a homeowners association may restrict the display of a candidate 28
142		-	sign or a sign that advertises the support or defeat of any proposition: 29
	140	+	(2) In accordance with provisions of federal, State, and local law; or 28
143	141
144		-	(1) In the common areas; 30
145		-
146		-	(2) In accordance with provisions of federal, State, and local law; or 31 4 HOUSE BILL 363
	142	+	(3) If a limitation to the time period during which signs may be displayed 29
	143	+	is not specified by a law of the jurisdiction in which the homeowners association is located, 30
	144	+	to a time period not less than: 31
	145	+	4 HOUSE BILL 363
147	146
148	147
	148	+	(i) 1. 30 DAYS BEFORE THE STAR T OF EARLY VOTING FO R A 1
	149	+	PRIMARY ELECTION , GENERAL ELECTION, OR VOTE ON THE PROPO SITION; OR 2
149	150
150		-	(3) If a limitation to the time period during which signs may be displayed 1
151		-	is not specified by a law of the jurisdiction in which the homeowners association is located, 2
152		-	to a time period not less than: 3
	151	+	2. IF THERE IS NO EARLY VOTING, 30 days before the 3
	152	+	primary election, general election, or vote on the proposition; and 4
153	153
154		-	(i) ~~1. 30~~ DAYS ~~BEFORE~~ THE ~~STAR T OF EARLY VOTING FO R A 4~~
155		-	~~PRIMARY ELECTION , GENERAL ELECTION , OR VOTE ON THE PROPO SITION; OR 5~~
	154	+	(ii) 7 days after the primary election, general election, or vote on the 5
	155	+	proposition. 6
156	156
157		-	2. IF THERE IS NO EARLY VOTING, 30 days before the 6
158		-	primary election, general election, or vote on the proposition; and 7
159		-
160		-	(ii) 7 days after the primary election, general election, or vote on the 8
161		-	proposition. 9
162		-
163		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
164		-	October 1, 2025. 11
165		-
166		-
167		-
168		-	Approved:
169		-	________________________________________________________________________________
170		-	Governor.
171		-	________________________________________________________________________________
172		-	Speaker of the House of Delegates.
173		-	________________________________________________________________________________
174		-	President of the Senate.
	157	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
	158	+	October 1, 2025. 8