EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0891*
SENATE BILL 891
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CF 5lr1838
By: Senator M. Washington
Introduced and read first time: January 28, 2025
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Land Use and Real Property – Accessory Dwelling Units – Requirements and 2
Prohibitions 3
FOR the purpose of requiring, on or before a certain date, the legislative body of certain 4
counties or municipal corporations to adopt a local law authorizing the development 5
of accessory dwelling units on land zoned for single–family residential use subject to 6
certain requirements; providing for requirements for approval of a zoning use permit 7
application, the calculation of development impact fees or building excise taxes, the 8
creation of on– and off–street parking spaces, and restrictions on the ability of a 9
utility to require a certain connection or charge a certain fee, subject to certain 10
criteria; prohibiting a restriction on use in an instrument affecting the transfer or 11
sale of real property or any other interest in real property from imposing or acting to 12
impose certain limitations on the development or use of accessory dwelling units on 13
property zoned for single–family residential use; authorizing the governing body of 14
a homeowners association to treat an accessory dwelling unit as a separate lot for 15
purposes of voting and levying assessments; and generally relating to the 16
development and use of accessory dwelling units. 17
BY repealing and reenacting, without amendments, 18
Article – Land Use 19
Section 1–401(a) and (c) and 10–103(a) 20
Annotated Code of Maryland 21
(2012 Volume and 2024 Supplement) 22
BY repealing and reenacting, with amendments, 23
Article – Land Use 24
Section 1–401(b)(18) through (30) and 10–103(b)(17) through (23) 25
Annotated Code of Maryland 26
(2012 Volume and 2024 Supplement) 27
BY adding to 28 2 SENATE BILL 891
Article – Land Use 1
Section 1–401(b)(18); 4–501 through 4–507 to be under the new subtitle “Subtitle 5. 2
Accessory Dwelling Units”; and 10–103(b)(17) 3
Annotated Code of Maryland 4
(2012 Volume and 2024 Supplement) 5
BY adding to 6
Article – Real Property 7
Section 2–126, 11B–101(a–1), and 11B–111.11 8
Annotated Code of Maryland 9
(2023 Replacement Volume and 2024 Supplement) 10
BY repealing and reenacting, without amendments, 11
Article – Real Property 12
Section 11B–101(a) 13
Annotated Code of Maryland 14
(2023 Replacement Volume and 2024 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Real Property 17
Section 11B–117(a) 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 – Land Use 23
1–401. 24
(a) Except as provided in this section, this division does not apply to charter 25
counties. 26
(b) The following provisions of this division apply to a charter county: 27
(18) TITLE 4, SUBTITLE 5 (ACCESSORY DWELLING UNITS); 28
[(18)] (19) § 5–102(d) (Subdivision regulations – Burial sites); 29
[(19)] (20) § 5–104 (Major subdivision – Review); 30
[(20)] (21) Title 7, Subtitle 1 (Development Mechanisms); 31
[(21)] (22) Title 7, Subtitle 2 (Transfer of Development Rights); 32
SENATE BILL 891 3
[(22)] (23) except in Montgomery County or Prince George’s County, Title 1
7, Subtitle 3 (Development Rights and Responsibilities Agreements); 2
[(23)] (24) Title 7, Subtitle 4 (Inclusionary Zoning); 3
[(24)] (25) Title 7, Subtitle 5 (Housing Expansion and Affordability); 4
[(25)] (26) § 8–401 (Conversion of overhead facilities); 5
[(26)] (27) for Baltimore County only, Title 9, Subtitle 3 (Single–County 6
Provisions – Baltimore County); 7
[(27)] (28) for Frederick County only, Title 9, Subtitle 10 (Single–County 8
Provisions – Frederick County); 9
[(28)] (29) for Howard County only, Title 9, Subtitle 13 (Single–County 10
Provisions – Howard County); 11
[(29)] (30) for Talbot County only, Title 9, Subtitle 18 (Single–County 12
Provisions – Talbot County); and 13
[(30)] (31) Title 11, Subtitle 2 (Civil Penalty). 14
(c) This section supersedes any inconsistent provision of Division II of this article. 15
SUBTITLE 5. ACCESSORY DWELLING UNITS. 16
4–501. 17
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 18
INDICATED. 19
(B) “ACCESSORY DWELLING UN IT” MEANS A SECONDARY DW ELLING UNIT 20
ON THE SAME LOT , PARCEL, OR TRACT AS A PRIMAR Y DWELLING UNIT THAT IS 21
CONSTRUCTED : 22
(1) ATTACHED TO OR THROU GH THE CONVERSION OF A PORTION OF 23
THE PRIMARY DWELLING UNIT; 24
(2) ATTACHED TO OR THROU GH THE FULL OR PARTI AL CONVERSION 25
OF AN ACCESSORY ST RUCTURE LOCATED ON T HE SAME LOT, PARCEL, OR TRACT AS 26
THE PRIMARY DWELLING UNIT; OR 27
4 SENATE BILL 891
(3) AS A NEW BUILDING , DETACHED FROM THE PR IMARY DWELLING 1
UNIT AND ANY EXISTIN G ACCESSORY STRUCTUR ES. 2
(C) (1) “DWELLING UNIT” MEANS A SINGLE UNIT PROVIDING COMPLETE , 3
INDEPENDENT LIVING FA CILITIES FOR AT LEAS T ONE INDIVIDUAL , INCLUDING 4
PERMANENT PROVISIONS FOR SANITATION , COOKING, EATING, SLEEPING, AND 5
OTHER ACTIVITIES ROU TINELY ASSOCIATED WI TH DAILY LIFE. 6
(2) “DWELLING UNIT” DOES NOT INCLUDE A U NIT IN A MULTIFAMILY 7
RESIDENTIAL BUILDING . 8
(D) “UTILITY” MEANS WATER OR SEWER DISPOSAL SERVICES PR OVIDED BY: 9
(1) A PRIVATE COMPANY RE GULATED UNDER DIVISION I OF THE 10
PUBLIC UTILITIES ARTICLE; 11
(2) THE WASHINGTON SUBURBAN SANITARY COMMISSION 12
REGULATED UNDER DIVISION II OF THE PUBLIC UTILITIES ARTICLE; 13
(3) A SANITARY COMMISSIO N REGULATED UNDER TITLE 9, SUBTITLE 14
6 OF THE ENVIRONMENT ARTICLE; OR 15
(4) A MUNICIPAL AUTHORIT Y REGULATED UNDER TITLE 9, SUBTITLE 16
7 OF THE ENVIRONMENT ARTICLE. 17
4–502. 18
THIS SUBTITLE APPLIES ONLY TO THE DEVELOPM ENT OF ACCESSORY 19
DWELLING UNITS ON LA ND ZONED FOR SINGLE –FAMILY RESIDENTIAL U SE. 20
4–503. 21
(A) IT IS THE POLICY OF T HE STATE TO PROMOTE AND ENCOURAGE THE 22
CREATION OF ACCESSOR Y DWELLING UNITS ON LAND ZONED FOR SINGL E–FAMILY 23
RESIDENTIAL USE IN ORDER TO MEET THE HOUSING NEEDS OF THE CITIZENS OF 24
MARYLAND. 25
(B) (1) EXCEPT AS PROVIDED IN THIS SUBTITLE AND SU BJECT TO 26
PARAGRAPH (2) OF THIS SUBSECTION , THIS SUBTITLE DOES N OT ALTER OR 27
ABROGATE ANY ZONING POWER OR RELATED AUT HORITY GRANTED TO A LOCAL 28
JURISDICTION UNDER T HIS TITLE. 29
SENATE BILL 891 5
(2) LOCAL JURISDICTIONS S HALL ESTABLISH POLIC IES THAT 1
FURTHER THE INTENT O F THIS SUBTITLE. 2
4–504. 3
(A) ON OR BEFORE OCTOBER 1, 2026, EACH LEGISLATIVE BOD Y SHALL 4
ADOPT A LOCAL LAW AU THORIZING THE DEVELO PMENT OF ACCES SORY DWELLING 5
UNITS ON LAND ZONED FOR SINGLE–FAMILY RESIDENTIAL U SE IN ACCORDANCE 6
WITH THIS SECTION . 7
(B) A LOCAL LAW ADOPTED UN DER THIS SECTION SHA LL APPLY TO ALL 8
LAND IN THE LOCAL JU RISDICTION ZONED FOR SINGLE–FAMILY RESIDENTIAL U SE, 9
PROVIDED THAT : 10
(1) THE PARTY DEVELOPING THE ACCESSORY DWELLI NG UNIT OWNS 11
AND HAS THE EXCLUSIV E RIGHT TO USE THE L OT, PARCEL, OR TRACT ON WHICH TH E 12
ACCESSORY DWELLING U NIT IS TO BE DEVELOP ED; AND 13
(2) THE DEVELOPMENT OF N EW DWELLING UNITS ON THE LOT, 14
TRACT, OR PARCEL IS NOT OTHERWISE PROH IBITED DUE TO: 15
(I) LIMITATIONS ON AVAIL ABLE SAFE DRINKING W ATER; 16
(II) THE EXISTENCE OF PUB LIC HEALTH RISKS DUE TO 17
LIMITATIONS ON SEWAG E DISPOSAL; OR 18
(III) RISKS ASSOCIATED WIT H FIRES, FLOODS, OR LANDSLIDES . 19
(C) A LOCAL LAW ADOPTED UNDER THIS S ECTION SHALL: 20
(1) REQUIRE THAT THE TOT AL SQUARE FOOTAGE OF THE ACCESSORY 21
DWELLING UNIT BE LES S THAN THE TOTAL SQU ARE FOOTAGE OF THE P RIMARY 22
DWELLING UNIT ; 23
(2) REQUIRE THAT THE FIN AL DESIGN FOR THE AC CESSORY 24
DWELLING UNIT SATISF Y ALL RELEVANT BUILDIN G CODE REQUIREMENTS ; 25
(3) AUTHORIZE CONSTRUCTI ON OF AN ACCESSORY D WELLING UNIT 26
BEFORE OR DURING THE CONSTRUCTION OF THE PRIMARY DWELLING UNI T, UNLESS 27
THE CONSTRUCTION OF THE ACCESSORY DWELLI NG UNIT WOULD RESULT IN THE 28
NEED FOR A VAR IANCE FROM THE ZONIN G LAW OF THE LOCAL J URISDICTION IN 29
ORDER TO CONSTRUCT T HE PRIMARY DWELLING UNIT; 30
6 SENATE BILL 891
(4) EXCLUDE THE DEVELOPM ENT OF AN ACCESSORY DWELLING UNIT 1
FROM THE CALCULATION OF DENSITY AND THE A PPLICATION OF ANY ME ASURES 2
LIMITING RESIDENTIAL GROWTH THAT PERTAIN TO TH E LOT, PARCEL, OR TRACT 3
PROPOSED FOR THE DEV ELOPMENT OF THE ACCE SSORY DWELLING UNIT ; AND 4
(5) SET CONDITIONS FOR A PPROVAL OF A ZONING USE PERMIT FOR 5
AN ACCESSORY DWELLIN G UNIT UNDER § 4–505 OF THIS SUBTITLE THA T ADDRESS 6
OBJECTIVE AND MEASURABLE REQUIREME NTS, INCLUDING: 7
(I) MASSING; 8
(II) LOCATIONS OF ENTRANC ES; 9
(III) SQUARE FOOTAGE ; AND 10
(IV) SUBJECT TO § 4–507 OF THIS SUBTITLE, CONNECTIONS TO A 11
UTILITY. 12
(D) A LOCAL LAW ADOPTED UN DER THIS SECTION MAY NOT: 13
(1) REQUIRE, AS A CONDITION TO DE VELOPING AN ACCESSOR Y 14
DWELLING UNIT , THAT THE LOT , PARCEL, OR TRACT EXCEED THE MINIMUM SIZE 15
REQUIRED FOR A PRIMA RY DWELLING UNIT IN THE ZONE OR DISTRICT ; 16
(2) ESTABLISH SETBACK RE QUIREMENTS FROM THE SIDE AND REAR 17
LOT LINES FOR AN AC CESSORY DWELLING UNI T THAT IS CONVERTED FROM AN 18
EXISTING ACCESSORY S TRUCTURE IF: 19
(I) THE LOCATION OF THE PROPOSED ACCESSORY D WELLING 20
UNIT IS IDENTICAL TO THE EXISTING ACCESSO RY STRUCTURE ; AND 21
(II) THE DIMENSIONS OF TH E PROPOSED ACCESSORY 22
DWELLING UNIT ARE ID ENTICAL TO OR SMALLE R THAN THE EXISTING ACCESSORY 23
STRUCTURE; 24
(3) FOR AN ACCESSORY DWE LLING UNIT OTHER THA N A UNIT THAT 25
MEETS THE REQUIREMEN TS OF ITEM (2) OF THIS SUBSECTION , ESTABLISH SETBACK 26
REQUIREMENTS THAT EX CEED 4 FEET FROM THE SIDE A ND REAR LOT LINES ; 27
(4) EXCEPT AS PROVIDED I N SUBSECTION (E) OF THIS SECTION , 28
REQUIRE: 29
SENATE BILL 891 7
(I) IF THE DEVELOPMENT O F THE ACCESSORY DWEL LING UNIT 1
IS LOCATED WITHIN A 0.75–MILE RADIUS OF A MAS S TRANSIT FACIL ITY, THE 2
CREATION OF NEW OFF –STREET PARKING AS A CONDITION TO DEVELOP ING THE 3
ACCESSORY DWELLING U NIT; AND 4
(II) IF THE DEVELOPMENT O F THE ACCESSORY DWEL LING UNIT 5
IS LOCATED OUTSIDE A 0.75–MILE RADIUS OF A MAS S TRANSIT FACILITY , THE 6
CREATION OF MORE THA N ONE OFF–STREET PARKING SPACE ; OR 7
(5) SET CONDITIONS FOR A PPROVAL OF A ZONING USE PERMIT FOR 8
AN ACCESSORY DWELLIN G UNIT UNDER § 4–505 OF THIS SUBTITLE BAS ED ON 9
SUBJECTIVE CRITERIA , INCLUDING: 10
(I) NEIGHBORHOOD COMPATI BILITY, SUCH AS DESIGN OR 11
AESTHETICS; OR 12
(II) ADVERSE IMPACTS . 13
(E) (1) (I) SUBJECT TO SUBSECTION (D)(4) OF THIS SECTION, A LOCAL 14
LAW ADOPTED UNDER TH IS SECTION MAY ESTAB LISH ADDITIONAL OFF –STREET 15
PARKING REQUIREMENTS THAT CONSIDER : 16
1. THE COST TO CONSTRUC T OFF–STREET PARKING 17
SPACES; 18
2. WHETHER SUFFICIENT C URB AREA EXISTS ALON G 19
THE FRONT LINE OF TH E PROPERTY TO ACCOMM ODATE ON–STREET PARKING ; 20
3. THE INCREASE IN IMPE RVIOUS SURFACE DUE T O THE 21
CREATION OF NEW OFF –STREET PARKING AND T HE RELATION TO ANY A PPLICABLE 22
STORMWATER MANAGEMENT PLANS ; AND 23
4. VARIABILITY DUE TO T HE SIZE OF THE LOT , PARCEL, 24
OR TRACT ON WHICH TH E ACCESSORY DWELLING UNIT OR PRIMARY DWEL LING IS 25
LOCATED. 26
(II) A LOCAL LAW ADOPTED UN DER THIS PARAGRAPH S HALL 27
PROVIDE FOR A WAIVER PROCESS FROM THE PAR KING REQUIREMENTS . 28
(2) BEFORE ADOPTING A LOC AL LAW UNDER PARAGRA PH (1) OF THIS 29
SUBSECTION, A LEGISLATIVE BODY S HALL COMPLETE A PARK ING STUDY TO 30
DETERMINE THE APPLIC ABLE NEEDS AND RESTR ICTIONS IN THE JURIS DICTION. 31
8 SENATE BILL 891
4–505. 1
(A) A LOCAL JURISDICTION S HALL APPROVE OR DENY A COMPLETE 2
APPLICATION FOR A ZO NING USE PERMIT FOR AN ACCESSORY DWELLIN G UNIT 3
WITHIN 90 DAYS AFTER RECEIPT B Y THE AGENCY RESPONS IBLE FOR MAKING 4
ZONING DECISIONS. 5
(B) APPROVAL OF A COMPLET E APPLICATION UNDER THIS SECTION SHALL 6
BE PERFORMED IN A MI NISTERIAL MANNER . 7
(C) IF AN APPLICANT REQUE STS A DELAY IN THE R EVIEW OF AN 8
APPLICATION, THE 90–DAY REVIEW PERIOD RE QUIRED UNDER SUBSECT ION (A) OF 9
THIS SECTION SHALL BE TOL LED FOR THE DURATION OF THE DELAY. 10
(D) THIS SECTION MAY NOT BE CONSTRUED TO ALTE R THE APPELLATE OR 11
JUDICIAL REVIEW PROC ESSES FOR A ZONING U SE PERMIT APPLICATIO N FOR AN 12
ACCESSORY DWELLING U NIT. 13
4–506. 14
(A) A LOCAL JURISDICTION M AY NOT CHARGE A DEVELOPME NT IMPACT 15
FEE OR A BUILDING EX CISE TAX ON AN ACCES SORY DWELLING UNIT W ITH A TOTAL 16
SQUARE FOOTAGE OF LE SS THAN 750 SQUARE FEET. 17
(B) A LOCAL JURISDICTION M AY CHARGE A DEVELOPM ENT IMPACT FEE OR 18
A BUILDING EXCISE TA X FOR THE DEVELOPMEN T OF AN ACCESSORY DWEL LING UNIT 19
THAT IS AT LEAST 750 SQUARE FEET IF THE I MPACT FEE OR BUILDIN G EXCISE TAX 20
IS: 21
(1) ASSESSED PROPORTIONA TELY IN RELATION TO THE SQUARE 22
FOOTAGE OF THE PRIMA RY DWELLING UNIT ; AND 23
(2) SET AT AN AMOUNT THA T DOES NOT CREATE A DE FACTO 24
PROHIBITION ON THE C ONSTRUCTION OF THE A CCESSORY DWELLING UN IT. 25
(C) A LOCAL JURISDICTION M AY ESTABLISH A PROCE SS BY WHICH AN 26
IMPACT FEE OR BUILDI NG EXCISE TAX CHARGE D UNDER THIS SECTION MAY BE 27
WAIVED OR REDUCED . 28
4–507. 29
SENATE BILL 891 9
(A) (1) THIS SUBSECTION DOES NOT APPLY TO AN ACCESSOR Y DWELLING 1
UNIT THAT IS DEVELOP ED IN CONJUNCTION WI TH A NEW OR SUBSTANT IALLY 2
RENOVATED PRIMARY DW ELLING UNIT. 3
(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , A UTILITY 4
MAY NOT REQUIRE THE USE OF A SEPARATE CO NNECTION BETWEEN AN ACCE SSORY 5
DWELLING UNIT AND TH E WATER OR SEWER MAI N IF THE EXISTING CO NNECTION 6
BETWEEN THE PRIMARY DWELLING UNIT AND TH E WATER OR SEWER MAI N IS 7
DETERMINED TO BE SUF FICIENT TO SUPPORT T HE ADDITION OF THE A CCESSORY 8
DWELLING UNIT . 9
(3) A LOCAL JURISDICTION MAY ESTABLISH CRITERIA U NDER WHICH 10
A UTILITY IS AUTHORI ZED TO REQUIRE THE U SE OF A SEPARATE CON NECTION 11
BETWEEN AN ACCESSORY DWELLING UNIT AND TH E WATER OR SEWER MAI N. 12
(B) IF AN ACCESSORY DWELL ING UNIT IS INTEGRAT ED INTO THE EXISTING 13
CONNECTION BETWEEN THE PR IMARY DWELLING UNIT AND THE WATER OR SEW ER 14
MAIN, A UTILITY MAY NOT CH ARGE A CONNECTION FE E ASSOCIATED WITH TH E 15
INTEGRATION OF THE A CCESSORY DWELLING UN IT. 16
(C) A PERSON DEVELOPING AN ACCESSORY DWELLING U NIT MAY ELECT TO 17
USE A METER THA T IS SHARED WITH THE PRIMARY DWELLING UNI T TO TRACK THE 18
DELIVERY OF WATER FR OM A UTILITY. 19
10–103. 20
(a) Except as provided in this section, this division does not apply to Baltimore 21
City. 22
(b) The following provisions of this division apply to Baltimore City: 23
(17) TITLE 4, SUBTITLE 5 (ACCESSORY DWELLING UNITS); 24
[(17)] (18) § 5–102(d) (Subdivision regulations – Burial sites); 25
[(18)] (19) Title 7, Subtitle 1 (Development Mechanisms); 26
[(19)] (20) Title 7, Subtitle 2 (Transfer of Development Rights); 27
[(20)] (21) Title 7, Subtitle 3 (Development Rights and Responsibilities 28
Agreements); 29
[(21)] (22) Title 7, Subtitle 4 (Inclusionary Zoning); 30
10 SENATE BILL 891
[(22)] (23) Title 7, Subtitle 5 (Housing Expansion and Affordability); and 1
[(23)] (24) Title 11, Subtitle 2 (Civil Penalty). 2
Article – Real Property 3
2–126. 4
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 5
INDICATED. 6
(2) “ACCESSORY DWELLING UN IT” HAS THE MEANING STAT ED IN § 7
4–501 OF THE LAND USE ARTICLE. 8
(3) “RESTRICTION ON USE” INCLUDES ANY COVENAN T, 9
RESTRICTION, OR CONDITION CONTAIN ED IN: 10
(I) A DEED; 11
(II) A DECLARATION ; 12
(III) A CONTRACT; 13
(IV) THE BYLAWS OR RULES O F A HOMEOWNERS ASSOC IATION; 14
(V) A SECURITY INSTRUMENT ; OR 15
(VI) ANY OTHER INSTRUMENT AFFECTING: 16
1. THE TRANSFER OR SALE OF REAL PROPERTY ; OR 17
2. ANY OTHER INTEREST IN REAL PROPERTY . 18
(B) (1) IF A PROPERTY OWNER H AS THE EXCLUSIVE RIG HT TO USE THE 19
PROPERTY AND ABIDES BY ALL APPLICABLE LA WS AND REGULATIONS , A 20
RESTRICTION ON USE R EGARDING LAND USE MAY NOT IMPOSE OR ACT TO IMPOSE 21
AN UNREASONABLE LIMI TATION ON THE ABILIT Y OF THE PROPERTY OW NER TO 22
DEVELOP AN ACCESSORY DWELLING UNIT ON A P ROPERTY ZONED FOR 23
SINGLE–FAMILY RESIDENTIAL U SE. 24
(2) FOR THE PURPOSE OF PA RAGRAPH (1) OF THIS SUBSECTION, AN 25
UNREASONABLE LIMITAT ION INCLUDES A LIMIT ATION THAT: 26
SENATE BILL 891 11
(I) SIGNIFICANTLY INCREAS ES THE COST OF DEVEL OPING AN 1
ACCESSORY DWELLING U NIT; OR 2
(II) PROHIBITS, EITHER EXPLICITLY OR BY EFFECT OF THE 3
RESTRICTIONS , THE DEVELOPMENT OF A N ACCESSORY D WELLING UNIT. 4
(C) THIS SECTION DOES NOT APPLY TO A RESTRICTI ON ON USE ON HISTORI C 5
PROPERTY THAT IS LIS TED IN OR DETERMINED BY THE DIRECTOR OF THE 6
MARYLAND HISTORICAL TRUST TO BE ELIGIBLE FOR INCLUSION IN THE MARYLAND 7
REGISTER OF HISTORIC PROPERTIES. 8
11B–101. 9
(a) In this title the following words have the meanings indicated, unless the 10
context requires otherwise. 11
(A–1) “ACCESSORY DWELLING UN IT” HAS THE MEANING STAT ED IN § 4–501 OF 12
THE LAND USE ARTICLE. 13
11B–111.11. 14
NOTWITHSTANDING ANY O THER PROVISIO N OF LAW OR ANY PROV ISION IN 15
THE DECLARATION , BYLAWS, RULES, DEEDS, AGREEMENTS , OR RECORDED 16
COVENANTS OR RESTRIC TIONS OF A HOMEOWNER S ASSOCIATION, THE GOVERNING 17
BODY OF A HOMEOWNERS ASSOCIATION HAS THE AUTHORITY TO TREAT A N 18
ACCESSORY DWELLING U NIT AS A SEPARATE LOT FOR PURPOS ES OF VOTING ON A 19
HOMEOWNERS ASSOCIATI ON MATTER. 20
11B–117. 21
(a) (1) As provided in the declaration, a lot owner shall be liable for all 22
homeowners association assessments and charges that come due during the time that the 23
lot owner owns the lot. 24
(2) [The] NOTWITHSTANDING ANY P ROVISION OF THE DECL ARATION, 25
ARTICLES OF INCORPOR ATION, OR BYLAWS RESTRICTIN G ASSESSMENT INCREAS ES, 26
CAPPING THE ASSESSME NT THAT MAY BE LEVIE D IN A FISCAL YEAR , OR LIMITING 27
ASSESSMENTS TO EACH LOT, THE governing body of a homeowners association has the 28
authority to [increase]: 29
(I) INCREASE an assessment levied to cover the reserve funding 30
amount required under § 11B–112.3 of this title[, notwithstanding any provision of the 31
declaration, articles of incorporation, or bylaws restricting assessment increases or capping 32
the assessment that may be levied in a fiscal year]; AND 33 12 SENATE BILL 891
(II) TREAT AN ACCESSORY DW ELLING UNIT AS A SEP ARATE LOT 1
FOR PURPOSES OF LEVY ING ASSESSMENTS . 2
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
October 1, 2025. 4