EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G 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. *sb0063* SENATE BILL 63 N1, C1 5lr1630 SB 1157/24 – JPR (PRE–FILED) CF HB 292 By: Senator Muse Requested: November 1, 2024 Introduced and read first time: January 8, 2025 Assigned to: Judicial Proceedings Committee Report: Favorable with amendments Senate action: Adopted Read second time: February 23, 2025 CHAPTER ______ AN ACT concerning 1 Cooperative Housing Corporations, Condominiums, and Homeowners 2 Associations – Funding of Reserve Accounts and Preparation of Funding Plans 3 FOR the purpose of requiring that the annual budget of a cooperative housing corporation, 4 a residential condominium, or a homeowners association include certain funds; 5 requiring that certain funds for the reserve account of a cooperative housing 6 corporation, a residential condominium, or a homeowners association be deposited 7 by a certain day each fiscal year; extending the amount of time after an initial 8 reserve study that a cooperative housing corporation, a residential condominium, or 9 a homeowners association has to obtain a certain recommended reserve funding 10 level; authorizing a cooperative housing corporation, a residential condominium, or 11 a homeowners association to reasonably deviate from certain reserve funding 12 requirements following a certain financial hardship determination by the governing 13 body; requiring that certain updated reserve studies be prepared by a certain person; 14 requiring the governing body of a cooperative housing corporation, a residential 15 condominium, or a homeowners association to review the reserves and the most 16 recent reserve study or updated reserve study annually for accuracy to determine 17 whether there is adequate funding in accordance with a certain funding plan; 18 altering the definition of “reserve study” to provide that the governing body of a 19 cooperative housing corporation, a residential condominium, or a homeowners 20 association may determine a minimum cost of repair or replacement for components, 21 subject to certain restrictions; requiring the governing body of a cooperative housing 22 corporation, a residential condominium, or a homeowners association to prepare a 23 certain funding plan subject to certain requirements; altering a certain provision of 24 2 SENATE BILL 63 law relating to component costs and the application of certain reserve study 1 requirements to a homeowners association; and generally relating to the funding of 2 reserve accounts, reserve studies, and annual budgets of cooperative housing 3 corporations, condominiums, and homeowners associations. 4 BY repealing and reenacting, with amendments, 5 Article – Corporations and Associations 6 Section 5–6B–26.1 7 Annotated Code of Maryland 8 (2014 Replacement Volume and 2024 Supplement) 9 BY repealing and reenacting, without amendments, 10 Article – Real Property 11 Section 11–109.2(b) and 11B–112.2(c) 12 Annotated Code of Maryland 13 (2023 Replacement Volume and 2024 Supplement) 14 BY repealing and reenacting, with amendments, 15 Article – Real Property 16 Section 11–109.2(b) and (c) 11–109.2(c), 11–109.4, 11B–112.2(c) and (d) 17 11B–112.2(d), and 11B–112.3 18 Annotated Code of Maryland 19 (2023 Replacement Volume and 2024 Supplement) 20 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21 That the Laws of Maryland read as follows: 22 Article – Corporations and Associations 23 5–6B–26.1. 24 (a) (1) In this section[, “reserve] THE FOLLOWING WORDS HAVE THE 25 MEANINGS INDICATED . 26 (2) “RESERVE study” means a study of the reserves required for future 27 major repairs and replacement of the common elements of a cooperative housing 28 corporation that: 29 [(1)] (I) [Identifies] USING AN ITEMIZED LIS T, CLEARLY IDENTIFIES 30 each structural, mechanical, electrical, and plumbing component of the common elements 31 and any other components that are: 32 1. ARE the responsibility of the cooperative housing 33 corporation to repair and replace; AND 34 SENATE BILL 63 3 2. IF APPLICABLE, MEET A MINIMUM COST OF REPAIR 1 OR REPLACEMENT , AS DETERMINED BY THE GOVERNING BODY , THAT IS: 2 A. REASONABLY BASED ON T HE EXPENSES OF THE 3 COOPERATIVE HOUSING CORPORATION ; AND 4 B. NOT A MINOR EXPENSE T HAT IS OTHERWISE 5 ADDRESSED BY THE BUDGET OF THE COOPER ATIVE HOUSING CORPOR ATION; 6 [(2)] (II) States the normal useful life and the estimated remaining useful 7 life of each identified component; 8 [(3)] (III) States the estimated cost of repair or replacement of each 9 identified component; [and] 10 [(4)] (IV) States the estimated annual reserve amount necessary to 11 accomplish any identified future repair or replacement; AND 12 (V) STATES THE SQUARE FOOTAGE QUANTITY OR SIZE OF EACH 13 IDENTIFIED COMPONENT USING THE APPROPRIAT E MEASUREMENT , SUCH AS UNIT 14 AMOUNT, SQUARE FOOTAGE , OR CUBIC FEET. 15 (3) “UPDATED RESERVE STUDY ” MEANS, FOR THE COMMON 16 ELEMENTS SINCE THE P RIOR RESERVE STUDY W AS COMPLETED WITHIN THE 17 PREVIOUS 5 YEARS, A STUDY THAT: 18 (I) ANALYZES ANY WORK PER FORMED; 19 (II) REVISES REPLACEMENT COST , REMAINING LIFE , AND 20 USEFUL LIFE ESTIMATE S; AND 21 (III) IDENTIFIES: 22 1. (II) WORK ANALYZES WORK PERFORMED AND 23 AMOUNTS SPENT ; AND 24 2. (III) WHETHER IDENTIFIES WHETHER ANY 25 MAINTENANCE CONTRACT S ARE IN PLACE. 26 (b) (1) This subsection applies only to a cooperative housing corporation 27 established in: 28 (i) Prince George’s County on or after October 1, 2020; 29 (ii) Montgomery County on or after October 1, 2021; or 30 4 SENATE BILL 63 (iii) Any county other than Prince George’s County or Montgomery 1 County on or after October 1, 2022. 2 (2) The governing body of the cooperative housing corporation shall have 3 an independent reserve study completed not less than 30 calendar days before the first 4 meeting of the cooperative housing corporation at which the members other than the owner 5 have a majority of votes in the cooperative housing corporation. 6 (3) The governing body shall have an updated reserve study completed 7 within 5 years after the date of the initial reserve study conducted under paragraph (2) of 8 this subsection, which shall be updated at least every 5 years thereafter. 9 (c) (1) (i) This paragraph applies only to a cooperative housing corporation 10 established in Prince George’s County before October 1, 2020. 11 (ii) If the governing body of a cooperative housing corporation has 12 had a reserve study conducted on or after October 1, 2016, the governing body shall have 13 an updated reserve study conducted within 5 years after the date of that reserve study and 14 at least every 5 years thereafter. 15 (iii) If the governing body of a cooperative housing corporation has 16 not had a reserve study conducted on or after October 1, 2016, the governing body shall 17 have a reserve study conducted on or before October 1, 2021, and an updated reserve study 18 at least every 5 years thereafter. 19 (2) (i) This paragraph applies only to a cooperative housing corporation 20 established in Montgomery County before October 1, 2021. 21 (ii) If the governing body of a cooperative housing corporation has 22 had a reserve study conducted on or after October 1, 2017, the governing body shall have 23 an updated reserve study conducted within 5 years after the date of that reserve study and 24 at least every 5 years thereafter. 25 (iii) If the governing body of a cooperative housing corporation has 26 not had a reserve study conducted on or after October 1, 2017, the governing body shall 27 have a reserve study conducted on or before October 1, 2022, and an updated reserve study 28 at least every 5 years thereafter. 29 (3) (i) This paragraph applies to a cooperative housing corporation 30 established in any county other than Prince George’s County or Montgomery County before 31 October 1, 2022. 32 (ii) If the governing body of a cooperative housing corporation has 33 had a reserve study conducted on or after October 1, 2018, the governing body shall have 34 an updated reserve study conducted within 5 years after the date of that reserve study and 35 at least every 5 years thereafter. 36 SENATE BILL 63 5 (iii) If the governing body of a cooperative housing corporation has 1 not had a reserve study conducted on or after October 1, 2018, the governing body shall 2 have a reserve study conducted on or before October 1, 2023, and an updated reserve study 3 at least every 5 years thereafter. 4 (d) Each reserve study AND UPDATED RESERVE STUDY required under this 5 section shall: 6 (1) Be prepared by a person who: 7 (i) Has prepared at least 30 reserve studies within the prior 3 8 calendar years; 9 (ii) Has participated in the preparation of at least 30 reserve studies 10 within the prior 3 calendar years while employed by a firm that prepares reserve studies; 11 (iii) Holds a current license from the State Board of Architects or the 12 State Board for Professional Engineers; or 13 (iv) Is currently designated as a reserve specialist by the Community 14 Association Institute or as a professional reserve analyst by the Association of Professional 15 Reserve Analysts; 16 (2) Be available for inspection and copying by any unit owner; 17 (3) Be reviewed by the governing body of the cooperative housing 18 corporation in connection with the preparation of the annual proposed budget; and 19 (4) Be summarized for submission with the annual proposed budget to the 20 unit owners. 21 (e) To the extent that a reserve study conducted in accordance with this section 22 indicates a need to budget for reserves, the budget shall include: 23 (1) For the capital components, the current estimated: 24 (i) Replacement cost IF THE ESTIMATED REP LACEMENT COST IS 25 GREATER THAN $10,000 AS DETERMINED BY THE MOST RECENT RESERVE STUDY OR 26 UPDATED RESERVE STUD Y; 27 (ii) Remaining life; and 28 (iii) Useful life; 29 (2) The amount of accumulated cash reserves set aside for the repair, 30 replacement, or restoration of capital components as of the beginning of the fiscal year in 31 6 SENATE BILL 63 which the reserve study is conducted and the amount of the expected contribution to the 1 reserve fund for the fiscal year; 2 (3) A statement describing the procedures used for estimation and 3 accumulation of cash reserves in accordance with this section; and 4 (4) A statement of the amount of reserves recommended in the study and 5 the amount of current cash for replacement reserves. 6 (f) (1) (i) 1. Subject to PARAGRAPH (2) OF THIS SUBSECTION A ND 7 subparagraph (ii) of this paragraph, the governing body of a cooperative housing 8 corporation shall [provide] DEPOSIT funds to the reserve ACCOUNT in accordance with the 9 most recent reserve study OR UPDATED RESERVE S TUDY AND THE FUNDING PLAN 10 REQUIRED UNDER SUBSE CTION (G) OF THIS SECTION ON OR BEFORE THE LAS T DAY 11 OF EACH FISCA L YEAR and shall review the RESERVES AND THE MOS T RECENT 12 RESERVE STUDY OR UPD ATED reserve study annually for accuracy TO DETERMINE 13 WHETHER THERE IS ADE QUATE FUNDING IN ACC ORDANCE WITH THE FUN DING PLAN 14 REQUIRED UNDER SUBSE CTION (G) OF THIS SECTION . 15 2. THE ANNUAL REVIEW OF THE RESERVE STUDY FOR 16 ACCURACY UNDER SUBSUBPARAGRAP H 1 OF THIS SUBPARAGRAPH DOES NOT 17 REQUIRE A RESERVE ST UDY OR UPDATED RESERVE S TUDY IN ADDITION TO THE 18 RESERVE STUDY REQUIR EMENTS UNDER SUBSECT IONS (B) AND (C) OF THIS 19 SECTION. 20 (ii) If SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , IF the 21 most recent reserve study was an initial reserve study, the governing body shall, within [3] 22 5 fiscal years following the fiscal year in which the initial reserve study was completed, 23 attain the annual reserve funding level recommended in the initial reserve study IN 24 ACCORDANCE WITH THE FUNDING PLAN UNDER S UBSECTION (G) OF THIS SECTION . 25 (2) (I) THE GOVERNING BODY OF A COOPERATIVE HOUSIN G 26 CORPORATION MAY DETE RMINE BY A TWO –THIRDS MAJORITY VOTE THAT THE 27 COOPERATIVE HOUSING CORPORATION AND THE MEMBERS ARE EXPERIEN CING A 28 FINANCIAL HARDSHIP T HAT LIMITS THE ABILI TY TO FUND RESERVES THAT ARE 29 REQUIRED UNDER PARAG RAPH (1)(I) OR (II) OF THIS SUBSECTION . 30 (II) SUBJECT TO SUBPARAGRA PHS (III) THROUGH (V) OF THIS 31 PARAGRAPH , IF A GOVERNING BODY MAKES A FINANCIAL HA RDSHIP 32 DETERMINATION BASED ON THE RESERVE FUNDI NG REQUIREMENTS OF 33 PARAGRAPH (1)(I) OR (II) OF THIS SUBSECTION : 34 1. THE COOPERATIVE HOUSI NG CORPORATION MAY 35 REASONABLY DEVIATE F ROM THAT RESERVE FUN DING REQUIREMENT ; AND 36 SENATE BILL 63 7 2. THE FUNDING LEVEL UND ER THAT REQUIREMENT 1 SHALL BE AT LEAST TH E FUNDING AMOUNT NEC ESSARY FOR THE PURPO SES 2 SPECIFIED UNDER SUBS ECTION (G)(3) OF THIS SECTION. 3 (III) 1. EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 2 OF 4 THIS SUBPARAGRAPH , A COOPERATIVE HOUSIN G CORPORATION MAY NO T DEVIATE 5 FROM THE RESERVE FUN DING REQUIREMENTS OF PARAGRAPH (1)(I) OR (II) OF THIS 6 SUBSECTION FOR A PER IOD OF MORE THAN 1 FISCAL YEAR FOLLOWIN G THE 7 FINANCIAL HARDSHIP D ETERMINATION . 8 2. THE GOVERNI NG BODY MAY RENEW A FINANCIAL 9 HARDSHIP DETERMINATI ON UNDER SUBPARAGRAP H (I) OF THIS PARAGRAPH BY A 10 TWO–THIRDS MAJORITY VOTE TO EXTEND THE PERIOD THAT A COOPERATIVE 11 HOUSING CORPORATION MAY DEVIATE FROM THE RESERVE FUNDING 12 REQUIREMENT BY 1 FISCAL YEAR FOLLOW ING THE RENEWAL . 13 (IV) THE GOVERNING BODY SH ALL: 14 1. MAKE GOOD FAITH EFFOR TS TO RESOLVE THE 15 FINANCIAL HARDSHIP A ND RESUME FUNDING RE SERVES AS REQUIRED U NDER 16 PARAGRAPH (1)(I) OR (II) OF THIS SUBSECTION ; 17 2. MAINTAIN DETAILED DOC UMENTATION OF THE GOOD 18 FAITH EFFORTS MADE U NDER ITEM 1 OF THIS SUBPARAGRAPH ; AND 19 3. TREAT THE DOCUMENTS U NDER ITEM 2 OF THIS 20 SUBPARAGRAPH AS RECO RDS FOR EXAMINATION AND COPYING UNDER § 5–6B–26 21 OF THIS SUBTITLE. 22 (V) 1. ALL MEMBERS SHALL BE GIVEN REASONABLE NOT ICE 23 IN ADVANCE OF A VOTE ON AN INITIAL OR A R ENEWAL OF A FINANCIA L HARDSHIP 24 DETERMINATION UNDER THIS PARAGRAPH . 25 2. A VOTE ON AN INITIAL O R A RENEWAL OF A FIN ANCIAL 26 HARDSHIP DETERMINATI ON UNDER THIS PARAGR APH MAY BE TAKEN ONL Y AT A 27 REGULAR OR SPECIAL M EETING OF THE COOPERATIVE HOUSING CORPORATION . 28 (3) The governing body of a cooperative housing corporation has the 29 authority to increase an assessment levied to cover the reserve funding amount required 30 under this section, notwithstanding any provision of the articles of incorporation, bylaws, 31 or proprietary lease restricting assessment increases or capping the assessment that may 32 be levied in a fiscal year. 33 8 SENATE BILL 63 (G) (1) THE GOVERNING BODY OF A COOPERATIVE HOUSIN G 1 CORPORATION SHALL , IN CONSULTATION WITH A PERSON IDENTIFIED UNDER 2 SUBSECTION (D)(1) OF THIS SECTION , DEVELOP A FUNDING PL AN TO DETERMINE 3 HOW TO FULLY FUND THE RESERVES NE CESSARY UNDER THIS S ECTION. 4 (2) IN DEVELOPING THE FUN DING PLAN UNDER THIS SUBSECTION, 5 THE GOVERNING BODY S HALL CONSIDER SELECT ONE OF THE FOLLOWING 6 METHODS TO ACHIEVE T HE RESERVE FUNDING U NDER THIS SECTION : 7 (I) THE COMPONENT OR FULL FUNDING METHOD; 8 (II) THE CASH FLOW METHOD ; 9 (III) THE BASELINE FUNDING METHOD; 10 (IV) THE THRESHOLD CASH FL OW METHOD ; AND OR 11 (V) OTHER FUNDING METHODS ACCEPT ED BY ANY OTHER 12 FUNDING METHOD CONSI STENT WITH GENERALLY ACCEPTED A CCOUNTING 13 PRINCIPLES. 14 (3) A FUNDING PLAN DEVELOP ED UNDER THIS SUBSEC TION SHALL 15 PRIORITIZE ADEQUATE AMOUNTS FOR REPAIR A ND REPLACEMENT OF CO MMON 16 ELEMENTS OF THE COOP ERATIVE HOUSING CORPOR ATION THAT ARE NECES SARY 17 FOR: 18 (I) THE HEALTH, SAFETY, AND WELL–BEING OF THE MEMBERS 19 OCCUPANTS; 20 (II) ENSURING STRUCTURAL I NTEGRITY, SUCH AS ROOFING 21 REPLACEMENTS AND MAI NTAINING STRUCTURAL SYSTEMS; AND 22 (III) ESSENTIAL FUNCTIONING , SUCH AS PLUMBING , SEWER, 23 HEATING, COOLING, AND ELECTRICAL INFRA STRUCTURE; AND 24 (IV) ANY OTHER ESSENTIAL O R CRITICAL PURPOSE , AS 25 DETERMINED BY THE GO VERNING BODY . 26 (4) RESERVES MAY NOT BE U SED FOR PURPOSES OTH ER THAN THOSE 27 SPECIFIED IN THE FUNDING PLAN . 28 (4) RESERVES MAY BE USED FOR PURPOSES OTHER T HAN THOSE 29 SPECIFIED IN THE FUN DING PLAN IF THE FUN DS ARE REPAID TO THE RESERVE FUND 30 WITHIN 5 YEARS AFTER THEIR US E. 31 SENATE BILL 63 9 (5) A GOVERNING BODY SHALL REVIEW PROGRESS TOWA RD 1 COMPLIANCE WITH THE FUNDING PLAN DEVELOP ED UNDER THIS SUBSEC TION AT 2 EACH ANNUAL MEETING OF THE GOVERNING BOD Y. 3 Article – Real Property 4 11–109.2. 5 (b) The annual budget shall provide for at least the following items: 6 (1) Income; 7 (2) Administration; 8 (3) Maintenance; 9 (4) Utilities; 10 (5) General expenses; 11 (6) Reserves, INCLUDING REPLACEMEN T COSTS IF THE ESTIM ATED 12 REPLACEMENT COST IS GREATER THAN $10,000 AS DETERMINED BY THE MOST 13 RECENT RESERVE STUDY OR UPDATED RESERVE S TUDY; and 14 (7) Capital items. 15 (c) (1) Subject to paragraph (2) PARAGRAPHS (2) AND (3) of this subsection 16 AND IN ACCORDANCE WI TH THE FUNDING PLAN UNDER § 11–109.4(F) OF THIS TITLE, 17 the reserves provided for in the annual budget under subsection (b) of this section for a 18 residential condominium shall [be]: 19 (I) BE the funding amount recommended in the most recent reserve 20 study OR UPDATED RESERVE S TUDY completed under § 11–109.4 of this title; AND 21 (II) BE DEPOSITED IN THE R ESERVE ACCOUNT ON OR BEFORE 22 THE LAST DAY OF EACH FISCAL YEAR. 23 (2) If SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , IF the most 24 recent reserve study was an initial reserve study, the governing body shall, within [3] 5 25 fiscal years following the fiscal year in which the initial reserve study was completed, attain 26 the annual reserve funding level recommended in the initial reserve study IN 27 ACCORDANCE WITH THE FUNDING PLAN UNDER § 11–109.4(F) OF THIS TITLE. 28 10 SENATE BILL 63 (3) (I) THE GOVERNING BODY OF A RESIDENTIAL CONDOM INIUM 1 MAY DETERMINE BY A T WO–THIRDS MAJORITY VOTE THAT THE CONDOMINIUM AND 2 THE UNIT OWNERS ARE EXPERIENCING A FINAN CIAL HARDSHIP THAT L IMITS THE 3 ABILITY TO FUND RESE RVES THAT ARE REQUIR ED UNDER PARAGRAPH (1) OR (2) OF 4 THIS SUBSECTION . 5 (II) SUBJECT TO SUBPARAGRA PHS (III) THROUGH (V) OF THIS 6 PARAGRAPH , IF A GOVE RNING BODY MAKES A F INANCIAL HARDSHIP 7 DETERMINATION BASED ON THE RESERVE FUNDI NG REQUIREMENTS OF 8 PARAGRAPH (1) OR (2) OF THIS SUBSECTION : 9 1. THE CONDOMINIUM MAY R EASONABLY DEVIATE 10 FROM THAT RESERVE FU NDING REQUIREMENT ; AND 11 2. THE FUNDING LEVEL UN DER THAT REQUIREMENT 12 SHALL BE AT LEAST TH E FUNDING AMOUNT NEC ESSARY FOR THE PURPO SES 13 SPECIFIED UNDER § 11–109.4(F)(3) OF THIS TITLE. 14 (III) 1. EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 2 OF 15 THIS SUBPARAGRAPH , A RESIDENTIAL CONDOM INIUM MAY NOT DEVIAT E FROM THE 16 RESERVE FUNDING REQU IREMENTS OF PARAGRAP H (1) OR (2) OF THIS SUBSECTION 17 FOR A PERIOD OF MORE THAN 1 FISCAL YEAR FOLLOWIN G THE FINANCIAL 18 HARDSHIP DETERMINATI ON. 19 2. THE GOVERNING BODY MA Y RENEW A FINANCIAL 20 HARDSHIP DETERMINATI ON UNDER SUBPARAGRAP H (I) OF THIS PARAGRAPH BY A 21 TWO–THIRDS MAJORITY VOTE TO EXTEND THE PERIOD THAT A RESIDENTIAL 22 CONDOMINIUM MAY DEVI ATE FROM THE RESERVE FUNDING REQUIREMENT BY 1 23 FISCAL YEAR FOLLOWIN G THE RENEWAL . 24 (IV) THE GOVERNING BODY SH ALL: 25 1. MAKE GOOD FAITH EFFORTS TO RESOLVE T HE 26 FINANCIAL HARDSHIP A ND RESUME FUNDING RE SERVES AS REQUIRED U NDER 27 PARAGRAPH (1) OR (2) OF THIS SUBSECTION ; 28 2. MAINTAIN DETAILED DOC UMENTATION OF THE GO OD 29 FAITH EFFORTS MADE U NDER ITEM 1 OF THIS SUBPARAGRAPH ; AND 30 3. TREAT THE DOCUMENTS UNDER ITEM 2 OF THIS 31 SUBPARAGRAPH AS RECO RDS AVAILABLE FOR EX AMINATION AND COPYIN G UNDER 32 § 11–116 OF THIS TITLE. 33 SENATE BILL 63 11 (V) 1. ALL UNIT OWNERS SHALL BE GIVEN REASONABLE 1 NOTICE IN ADVANCE OF A VOTE ON AN INITIAL OR A RENEWAL OF A FI NANCIAL 2 HARDSHIP DETERMINATION UNDER THIS PARAGRAPH . 3 2. A VOTE ON AN INITIAL O R A RENEWAL OF A FIN ANCIAL 4 HARDSHIP DETERMINATI ON UNDER THIS PARAGR APH MAY BE TAKEN ONL Y AT A 5 REGULAR OR SPECIAL M EETING OF THE CONDOM INIUM. 6 (4) (I) A THE GOVERNING BODY OF A RESIDENTIAL CONDOMIN IUM 7 SHALL ANNUALLY REVIEW THE RESERVE STUDY ANNUAL LY FOR ACCURACY 8 RESERVES AND THE MOS T RECENT RESERVE STU DY OR UPDATED RESERV E STUDY 9 TO DETERMINE WHETHER THERE IS ADEQUATE FU NDING IN ACCORDANCE WITH THE 10 FUNDING PLAN REQUIRE D UNDER § 11–109.4(F) OF THIS TITLE. 11 (II) THE ANNUAL REVIEW OF THE RESERVE STUDY FOR 12 ACCURACY UNDER THIS PARAGRAPH DOES NOT REQUIRE A R ESERVE STUDY OR 13 UPDATED RESERVE STUD Y IN ADDITION TO THE RESERVE STUDY REQUIR EMENTS 14 UNDER § 11–109.4 OF THIS TITLE. 15 11–109.4. 16 (a) (1) In this section[, “reserve] THE FOLLOWING WORDS HAVE THE 17 MEANINGS INDICATED . 18 (2) “RESERVE study” means a study of the reserves required for future 19 major repairs and replacement of the common elements of a condominium that: 20 [(1)] (I) [Identifies] USING AN ITEMIZED LIS T, IDENTIFIES each 21 structural, mechanical, electrical, and plumbing component of the common elements and 22 any other components that are: 23 1. ARE the responsibility of the council of unit owners to 24 repair and replace; AND 25 2. IF APPLICABLE, MEET A MINIMUM COST OF REPAIR 26 OR REPLACEMENT , AS DETERMINED BY THE GOVERNING BODY , THAT IS: 27 A. REASONABLY BASED ON T HE EXPENSES OF THE 28 CONDOMINIUM ; AND 29 B. NOT A MINOR EXPENSE T HAT IS OTHERWISE 30 ADDRESSED BY THE BUD GET OF THE CONDOMINIUM ; 31 12 SENATE BILL 63 [(2)] (II) States the normal useful life and the estimated remaining useful 1 life of each identified component; 2 [(3)] (III) States the estimated cost of repair or replacement of each 3 identified component; [and] 4 [(4)] (IV) States the estimated annual reserve amount necessary to 5 accomplish any identified future repair or replacement; AND 6 (V) STATES THE SQUARE FOOTAGE QUANTITY OR SIZE OF EACH 7 IDENTIFIED COMPONENT USING THE APPROPRIAT E MEASUREMENT , SUCH AS UNIT 8 AMOUNT, SQUARE FOOT AGE, OR CUBIC FEET. 9 (3) “UPDATED RESERVE STUDY ” MEANS, FOR THE COMMON 10 ELEMENTS SINCE THE P RIOR RESERVE STUDY W AS COMPLETED WITHIN THE 11 PREVIOUS 5 YEARS, A STUDY THAT: 12 (I) ANALYZES ANY WORK PER FORMED; 13 (II) REVISES REPLACEMENT C OST, REMAINING LIFE , AND 14 USEFUL LIFE ESTIMATE S; AND 15 (III) IDENTIFIES: 16 1. (II) WORK ANALYZES WORK PERFORMED AND 17 AMOUNTS SPENT ; AND 18 2. (III) WHETHER IDENTIFIES WHETHER ANY 19 MAINTENANCE CONTRACT S ARE IN PLACE. 20 (b) This section applies only to a residential condominium. 21 (c) (1) This subsection applies only to a condominium established in: 22 (i) Prince George’s County on or after October 1, 2020; 23 (ii) Montgomery County on or after October 1, 2021; or 24 (iii) Any county other than Prince George’s County or Montgomery 25 County on or after October 1, 2022. 26 (2) The governing body of the condominium shall have an independent 27 reserve study completed not less than 30 calendar days before the meeting of the council of 28 unit owners required under § 11–109(c)(16) of this title. 29 SENATE BILL 63 13 (3) The governing body shall have an updated reserve study completed 1 within 5 years after the date of the initial reserve study conducted under paragraph (2) of 2 this subsection and at least every 5 years thereafter. 3 (d) (1) (i) This paragraph applies only to a condominium established in 4 Prince George’s County before October 1, 2020. 5 (ii) If the governing body of a condominium has had a reserve study 6 conducted on or after October 1, 2016, the governing body shall have an updated reserve 7 study conducted within 5 years after the date of that reserve study and at least every 5 8 years thereafter. 9 (iii) If the governing body of a condominium has not had a reserve 10 study conducted on or after October 1, 2016, the governing body shall have a reserve study 11 conducted on or before October 1, 2021, and an updated reserve study at least every 5 years 12 thereafter. 13 (2) (i) This paragraph applies only to a condominium established in 14 Montgomery County before October 1, 2021. 15 (ii) If the governing body of a condominium has had a reserve study 16 conducted on or after October 1, 2017, the governing body shall have an updated reserve 17 study conducted within 5 years after the date of that reserve study and at least every 5 18 years thereafter. 19 (iii) If the governing body of a condominium has not had a reserve 20 study conducted on or after October 1, 2017, the governing body shall have a reserve study 21 conducted on or before October 1, 2022, and an updated reserve study at least every 5 years 22 thereafter. 23 (3) (i) This paragraph applies only to a condominium established in any 24 county other than Prince George’s County or Montgomery County before October 1, 2022. 25 (ii) If the governing body of a condominium has had a reserve study 26 conducted on or after October 1, 2018, the governing body shall have an updated reserve 27 study conducted within 5 years after the date of that reserve study and at least every 5 28 years thereafter. 29 (iii) If the governing body of a condominium has not had a reserve 30 study conducted on or after October 1, 2018, the governing body shall have a reserve study 31 conducted on or before October 1, 2023, and an updated reserve study at least every 5 years 32 thereafter. 33 (e) Each reserve study AND UPDATE D RESERVE STUDY required under this 34 section shall: 35 (1) Be prepared by a person who: 36 14 SENATE BILL 63 (i) Has prepared at least 30 reserve studies within the prior 3 1 calendar years; 2 (ii) Has participated in the preparation of at least 30 reserve studies 3 within the prior 3 calendar years while employed by a firm that prepares reserve studies; 4 (iii) Holds a current license from the State Board of Architects or the 5 State Board for Professional Engineers; or 6 (iv) Is currently designated as a reserve specialist by the Community 7 Association Institute or as a professional reserve analyst by the Association of Professional 8 Reserve Analysts; 9 (2) Be available for inspection and copying by any unit owner; 10 (3) Be reviewed by the governing body of the condominium in connection 11 with the preparation of the annual proposed budget; and 12 (4) Be summarized for submission with the annual proposed budget to the 13 unit owners. 14 (F) (1) THE GOVERNING BODY OF A CONDOMINIUM SHALL , IN 15 CONSULTATION WITH A PERSON IDENTIFIED UN DER SUBSECTION (E)(1) OF THIS 16 SECTION, DEVELOP A FUNDING PL AN TO DETERMINE HOW TO FULLY FUND THE 17 RESERVES NECESSARY U NDER THIS SECTION . 18 (2) IN DEVELOPING THE FUN DING PLAN UNDER THIS SUBSECTION, 19 THE GOVERNING BODY S HALL CONSIDER SELECT ONE OF THE FOLLOWING 20 METHODS TO ACHIEVE T HE RESERVE FUNDING U NDER THIS SECTION : 21 (I) THE COMPONENT OR FULL FUNDING METHOD; 22 (II) THE CASH FLOW METHOD ; 23 (III) THE BASELINE FUNDING METHOD; 24 (IV) THE THRESHOLD CASH FL OW METHOD ; AND OR 25 (V) OTHER FUNDING METHODS ACCEPTED BY ANY OTHER 26 FUNDING METHOD CONSI STENT WITH GENERALLY ACCEPTED A CCOUNTING 27 PRINCIPLES. 28 (3) A FUNDING PLAN DEVELOP ED UNDER THIS SUBSEC TION SHALL 29 PRIORITIZE ADEQUATE AMOUNTS FOR REPAIR A ND REPLACEMENT OF CO MMON 30 ELEMENTS OF THE COND OMINIUM THAT ARE NECESSARY FOR : 31 SENATE BILL 63 15 (I) THE HEALTH, SAFETY, AND WELL–BEING OF THE MEMBERS 1 OCCUPANTS; 2 (II) ENSURING STRUCTURAL I NTEGRITY, SUCH AS ROOFING 3 REPLACEMENTS AND MAI NTAINING STRUCTURAL SYSTEMS; AND 4 (III) ESSENTIAL FUNCTIONING , SUCH AS PLUMBING , SEWER, 5 HEATING, COOLING, AND ELECTRICAL INFRA STRUCTURE; AND 6 (IV) ANY OTHER ESSENTIAL O R CRITICAL PURPOSE , AS 7 DETERMINED BY THE GO VERNING BODY . 8 (4) RESERVES MAY NOT BE U SED FOR PURPOSES OTH ER THAN THOSE 9 SPECIFIED IN THE FUN DING PLAN. 10 (4) RESERVES MAY BE USED FOR PURPOSES OTHER T HAN THOSE 11 SPECIFIED IN THE FUN DING PLAN IF THE FUN DS ARE REPAID TO THE RESERVE FUND 12 WITHIN 5 YEARS AFTER THEIR US E. 13 (5) A GOVERNING BODY SHALL REVIEW PROGRESS TOWA RD 14 COMPLIANCE WITH THE FUNDING PLAN DEVELOP ED UNDER THIS SUBSEC TION AT 15 EACH ANNUAL MEETING OF THE GOVERNING BOD Y. 16 11B–112.2. 17 (c) The annual budget shall provide for at least the following items: 18 (1) Income; 19 (2) Administration; 20 (3) Maintenance; 21 (4) Utilities; 22 (5) General expenses; 23 (6) Reserves, INCLUDING REPLACEMEN T COSTS IF THE ESTIM ATED 24 REPLACEMENT COST IS GREATER THAN $10,000 AS DETERMINED BY THE MOST 25 RECENT RESERVE STUDY OR UPDATED RESERVE S TUDY; and 26 (7) Capital expenses. 27 16 SENATE BILL 63 (d) (1) Subject to paragraph (2) PARAGRAPHS (2) AND (3) of this subsection 1 AND IN ACCORDANCE WI TH THE FUNDING PLAN UNDER § 11B–112.3(F) OF THIS 2 TITLE, reserves provided for in the annual budget under subsection (c) of this section shall 3 [be]: 4 (I) BE the funding amount recommended in the most recent reserve 5 study OR UPDATED RESERVE S TUDY completed under § 11B–112.3 of this title; AND 6 (II) BE DEPOSITED IN THE R ESERVE ACCOUNT ON OR BEFORE 7 THE LAST DAY OF EACH FISCAL YEAR. 8 (2) If SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , IF the most 9 recent reserve study was an initial reserve study, the governing body shall, within [3] 5 10 fiscal years following the fiscal year in which the initial reserve study was completed, attain 11 the annual reserve funding level recommended in the initial reserve study IN 12 ACCORDANCE WITH THE FUNDING PLA N UNDER § 11B–112.3(F) OF THIS TITLE. 13 (3) (I) THE GOVERNING BODY OF A HOMEOWNERS ASSOCIA TION 14 MAY DETERMINE BY A T WO–THIRDS MAJORITY VOTE THAT THE HOMEOWNERS 15 ASSOCIATION AND THE LOT OWNERS ARE EXPER IENCING A FINANCIAL HARDSHIP 16 THAT LIMITS THE ABILITY TO FUND RESERVES THAT A RE REQUIRED UNDER 17 PARAGRAPH (1) OR (2) OF THIS SUBSECTION . 18 (II) SUBJECT TO SUBPARAGRA PHS (III) THROUGH (V) OF THIS 19 PARAGRAPH , IF A GOVERNING BODY MAKES A FINANCIAL HA RDSHIP 20 DETERMINATION BASED ON THE RESERVE FUNDING REQUIREMENTS OF 21 PARAGRAPH (1) OR (2) OF THIS SUBSECTION : 22 1. THE HOMEOWNERS ASSOCI ATION MAY REASONABLY 23 DEVIATE FROM THAT RE SERVE FUNDING REQUIR EMENT; AND 24 2. THE FUNDING LEVEL UND ER THAT REQUIREMENT 25 SHALL BE AT LEAST TH E FUNDING AMOUNT NECESSARY FOR THE PU RPOSES 26 SPECIFIED UNDER § 11B–112.3(F)(3) OF THIS TITLE. 27 (III) 1. EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 2 OF 28 THIS SUBPARAGRAPH , A HOMEOWNERS ASSOCIA TION MAY NOT DEVIATE FROM THE 29 RESERVE FUNDING REQU IREMENTS OF PARAGRAP H (1) OR (2) OF THIS SUBSECTION 30 FOR A PERIOD OF MORE THAN 1 FISCAL YEAR FOLLOWIN G THE FINANCIAL 31 HARDSHIP DETERMINATI ON. 32 2. THE GOVERNING BODY MA Y RENEW A FINANCIAL 33 HARDSHIP DETERMINATI ON UNDER SUBPARAGRAP H (I) OF THIS PARAGRAPH BY A 34 TWO–THIRDS MAJORITY VOTE TO EXTEND THE PERIOD THAT A HOMEOWNERS 35 SENATE BILL 63 17 ASSOCIATION MAY DEVI ATE FROM THE RESERVE FUNDING REQUIREMENT BY 1 1 FISCAL YEAR FOLLOWIN G THE RENEWAL . 2 (IV) THE GOVERNING BODY SH ALL: 3 1. MAKE GOOD FAITH EFFOR TS TO RESOLVE THE 4 FINANCIAL HARDSHIP A ND RESUME FUNDING RE SERVES AS REQUIRED UN DER 5 PARAGRAPH (1) OR (2) OF THIS SUBSECTION ; 6 2. MAINTAIN DETAILED DOC UMENTATION OF THE GO OD 7 FAITH EFFORTS MADE U NDER ITEM 1 OF THIS SUBPARAGRAPH ; AND 8 3. TREAT THE DOCUMENTS U NDER ITEM 2 OF THIS 9 SUBPARAGRAPH AS RECO RDS FOR EXAM INATION AND COPYING UNDER § 11B–112 10 OF THIS TITLE. 11 (V) 1. ALL LOT OWNERS SHALL BE GIVEN REASONABLE 12 NOTICE IN ADVANCE OF A VOTE ON AN INITIAL OR A RENEWAL OF A FI NANCIAL 13 HARDSHIP DETERMINATI ON UNDER THIS PARAGR APH. 14 2. A VOTE ON AN INITIAL O R A RENEWAL OF A FINANCIAL 15 HARDSHIP DETERMINATI ON UNDER THIS PARAGR APH MAY ONLY BE TAKE N AT A 16 REGULAR OR SPECIAL M EETING OF THE HOMEOW NERS ASSOCIATION . 17 (4) (I) A THE GOVERNING BODY OF A HOMEOWNERS ASSOCIATI ON 18 SHALL ANNUALLY REVIEW THE RESERVE STUDY ANNUAL LY FOR ACCURACY 19 RESERVES AND THE MOS T RECENT RESERVE STU DY OR UPDATED RESERV E STUDY 20 TO DETERMINE WHETHER THERE IS ADEQUATE FU NDING IN ACCORDANCE WITH THE 21 FUNDING PLAN REQUIRE D UNDER § 11B–112.3(F) OF THIS TITLE. 22 (II) THE ANNUAL REVIEW OF THE RESERVE STUDY FOR 23 ACCURACY UNDER THIS PARAGRAPH DOES NOT REQUIRE A R ESERVE STUDY OR 24 UPDATED RESERVE STUD Y IN ADDITION TO THE RESERVE STUDY REQUIR EMENTS 25 UNDER § 11B–112.3 OF THIS TITLE. 26 11B–112.3. 27 (a) (1) In this section[, “reserve] THE FOLLOWING WORDS HAVE THE 28 MEANINGS INDICATED . 29 (2) “RESERVE study” means a study of the reserves required for future 30 major repairs and replacement of the common areas of a homeowners association that: 31 18 SENATE BILL 63 [(1)] (I) [Identifies] USING AN ITEMIZED LIS T, IDENTIFIES each 1 structural, mechanical, electrical, and plumbing component of the common areas and any 2 other components that are: 3 1. ARE the responsibility of the homeowners association to 4 repair and replace; AND 5 2. IF APPLICABLE, MEET A MINIMUM COST OF REPAIR 6 OR REPLACEMENT , AS DETERMINED BY THE GOVERNING BODY , THAT IS: 7 A. REASONABLY BASED ON T HE EXPENSES OF THE 8 HOMEOWNERS ASSOCIATI ON; AND 9 B. NOT A MINOR EXPENSE T HAT IS OTHERWISE 10 ADDRESSED BY THE BUD GET OF THE HOMEOWNER S ASSOCIATION; 11 [(2)] (II) States the estimated remaining useful life of each identified 12 component; 13 [(3)] (III) States the estimated cost of repair or replacement of each 14 identified component; [and] 15 [(4)] (IV) States the estimated annual reserve amount necessary to 16 accomplish any identified future repair or replacement; AND 17 (V) STATES THE SQUARE FOOTAGE QUANTITY OR SIZE OF EACH 18 IDENTIFIED COMPONENT USING THE APPROPRIAT E MEASUREMENT , SUCH AS UNIT 19 AMOUNT, SQUARE FOOTAGE , OR CUBIC FEET. 20 (3) “UPDATED RESERVE STUDY ” MEANS, FOR THE COMMON 21 ELEMENTS AREAS SINCE THE PRIOR RESE RVE STUDY WAS COMPLE TED WITHIN THE 22 PREVIOUS 5 YEARS, A STUDY THAT: 23 (I) ANALYZES ANY WORK PER FORMED; 24 (II) REVISES REPLACEMENT C OST, REMAINING LIFE , AND 25 USEFUL LIFE ESTI MATES; AND 26 (III) IDENTIFIES: 27 1. (II) WORK ANALYZES WORK PERFORMED AND 28 AMOUNTS SPENT ; AND 29 2. (III) WHETHER IDENTIFIES WHETHER ANY 30 MAINTENANCE CONTRACT S ARE IN PLACE. 31 SENATE BILL 63 19 (b) (1) This section applies only to a homeowners association: 1 (i) That has responsibility under its declaration for maintaining and 2 repairing common areas; and 3 (ii) For which the total initial purchase and installation REPAIR OR 4 REPLACEMENT costs for all components identified in subsection [(a)(1)] (A) of this section 5 is at least $10,000. 6 (2) This section does not apply to a homeowners association that issues 7 bonds for the purpose of meeting capital expenditures. 8 (c) (1) This subsection applies only to a homeowners association established 9 in: 10 (i) Prince George’s County on or after October 1, 2020; 11 (ii) Montgomery County on or after October 1, 2021; or 12 (iii) Any county other than Prince George’s County or Montgomery 13 County on or after October 1, 2022. 14 (2) The governing body of the homeowners association shall have an 15 independent reserve study completed not more than 90 calendar days and not less than 30 16 calendar days before the meeting of the homeowners association required under § 17 11B–106.1(a) of this title. 18 (3) The governing body shall have an updated reserve study completed 19 within 5 years after the date of the initial reserve study conducted under paragraph (2) of 20 this subsection and at least every 5 years thereafter. 21 (d) (1) (i) This paragraph applies only to a homeowners association 22 established in Prince George’s County before October 1, 2020. 23 (ii) If the governing body of a homeowners association has had a 24 reserve study conducted on or after October 1, 2016, the governing body shall have an 25 updated reserve study conducted within 5 years after the date of that reserve study and at 26 least every 5 years thereafter. 27 (iii) If the governing body of a homeowners association has not had a 28 reserve study conducted on or after October 1, 2016, the governing body shall have a reserve 29 study conducted on or before October 1, 2021, and an updated reserve study at least every 30 5 years thereafter. 31 (2) (i) This paragraph applies only to a homeowners association 32 established in Montgomery County before October 1, 2021. 33 20 SENATE BILL 63 (ii) If the governing body of a homeowners association has had a 1 reserve study conducted on or after October 1, 2017, the governing body shall have an 2 updated reserve study conducted within 5 years after the date of that reserve study and at 3 least every 5 years thereafter. 4 (iii) If the governing body of a homeowners association has not had a 5 reserve study conducted on or after October 1, 2017, the governing body shall have a reserve 6 study conducted on or before October 1, 2022, and an updated reserve study at least every 7 5 years thereafter. 8 (3) (i) This paragraph applies only to a homeowners association 9 established in any county other than Prince George’s County or Montgomery County before 10 October 1, 2022. 11 (ii) If the governing body of a homeowners association has had a 12 reserve study conducted on or after October 1, 2018, the governing body shall have an 13 updated reserve study conducted within 5 years after the date of that reserve study and at 14 least every 5 years thereafter. 15 (iii) If the governing body of a homeowners association has not had a 16 reserve study conducted on or after October 1, 2018, the governing body shall have a reserve 17 study conducted on or before October 1, 2023, and an updated reserve study at least every 18 5 years thereafter. 19 (e) Each reserve study AND UPDATED RESERVE STUDY required under this 20 section shall: 21 (1) Be prepared by a person who: 22 (i) Has prepared at least 30 reserve studies within the prior 3 23 calendar years; 24 (ii) Has participated in the preparation of at least 30 reserve studies 25 within the prior 3 calendar years while employed by a firm that prepares reserve studies; 26 (iii) Holds a current license from the State Board of Architects or the 27 State Board for Professional Engineers; or 28 (iv) Is currently designated as a reserve specialist by the Community 29 Association Institute or as a professional reserve analyst by the Association of Professional 30 Reserve Analysts; 31 (2) Be available for inspection and copying by any lot owner; 32 (3) Be reviewed by the governing body of the homeowners association in 33 connection with the preparation of the annual proposed budget; and 34 SENATE BILL 63 21 (4) Be summarized for submission with the annual proposed budget to the 1 lot owners. 2 (F) (1) A THE GOVERNING BODY OF A HOMEOWNERS ASSOCIATIO N 3 SHALL, IN CONSULTATION WITH A PERSON IDENTIFIED UNDER SUBSECTION (E)(1) 4 OF THIS SECTION, DEVELOP A FUNDING PL AN TO DETERMINE HOW TO FULLY FUND 5 THE RESERVES NECESSA RY UNDER THIS SECTIO N. 6 (2) IN DEVELOPING THE FUN DING PLAN UNDER THIS SUBSECTION, 7 THE HOMEOWNERS GOVERNING BODY SHALL CONSIDER SELECT ONE OF THE 8 FOLLOWING METHODS TO ACHIEVE THE RESERVE FUNDING UNDER THIS S ECTION: 9 (I) THE COMPONENT OR FULL FUNDING METHOD; 10 (II) THE CASH FLOW M ETHOD; 11 (III) THE BASELINE FUNDING METHOD; 12 (IV) THE THRESHOLD CASH FL OW METHOD ; AND OR 13 (V) OTHER FUNDING METHODS ANY OTHER FUNDING MET HOD 14 CONSISTENT WITH GENE RALLY ACCEPTED ACCOU NTING PRINCIPLES . 15 (3) A FUNDING PLAN DEVELOP ED UNDER THIS SUBSEC TION SHALL 16 PRIORITIZE ADEQUATE AMOUNTS FOR REPAIR A ND REPLACEMENT OF CO MMON 17 ELEMENTS AREAS OF THE HOMEOWNERS AS SOCIATION THAT ARE N ECESSARY FOR : 18 (I) THE HEALTH, SAFETY, AND WELL–BEING OF THE MEMBERS 19 OCCUPANTS; 20 (II) ENSURING STRUCTURAL I NTEGRITY, SUCH AS ROOFING 21 REPLACEMENTS AND MAI NTAINING STRUCTURAL SYSTEMS; AND 22 (III) ESSENTIAL FUNCTIONING , SUCH AS PLUMBING , SEWER, 23 HEATING, COOLING, AND ELECTRICAL INFRA STRUCTURE; AND 24 (IV) ANY OTHER ESSENTIAL O R CRITICAL PURP OSE, AS 25 DETERMINED BY THE GO VERNING BODY . 26 (4) RESERVES MAY NOT BE U SED FOR PURPOSES OTH ER THAN THOSE 27 SPECIFIED IN THE FUN DING PLAN. 28 22 SENATE BILL 63 (4) RESERVES MAY BE USED FOR PURPOSES OTHER T HAN THOSE 1 SPECIFIED IN THE FUN DING PLAN IF THE FUN DS ARE REPAID TO THE RESERVE FUND 2 WITHIN 5 YEARS AFTER THEIR US E. 3 (5) A GOVERNING BODY OF A HOMEOWNERS ASSOCIATI ON SHALL 4 REVIEW PROGRESS TOWA RD COMPLIANCE WITH T HE FUNDING PLAN DEVE LOPED 5 UNDER THIS SUBSECTIO N AT EACH ANNUAL MEE TING OF THE HOMEOWNE RS 6 ASSOCIATION. 7 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8 October 1, 2025. 9 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ President of the Senate. ________________________________________________________________________________ Speaker of the House of Delegates.