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.
*sb0891*
SENATE BILL 891
L6, N1 5lr1839
CF HB 1466
By: Senator Senators M. Washington and Kagan
Introduced and read first time: January 28, 2025
Assigned to: Education, Energy, and the Environment
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 9, 2025
CHAPTER ______
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 with a single–family residential use 6
detached dwelling unit as the primary dwelling unit subject to certain requirements; 7
providing for requirements for approval of a zoning use permit application, the 8
calculation of development impact fees or building excise taxes, the creation of 9
on– and off–street parking spaces, and restrictions on the ability of a utility to 10
require a certain connection or charge a certain fee, subject to certain criteria; 11
prohibiting a restriction on use in an instrument affecting the transfer or sale of real 12
property or any other interest in real property from imposing or acting to impose 13
certain limitations on the development or use of accessory dwelling units on property 14
zoned for single–family residential use; authorizing the governing body of a 15
homeowners association to treat an accessory dwelling unit as a separate lot for 16
purposes of voting and levying assessments; and generally relating to the 17
development and use of accessory dwelling units. 18
BY repealing and reenacting, without amendments, 19
Article – Land Use 20
Section 1–401(a) and (c) and 10–103(a) 21
Annotated Code of Maryland 22
(2012 Volume and 2024 Supplement) 23
2 SENATE BILL 891
BY repealing and reenacting, with amendments, 1
Article – Land Use 2
Section 1–401(b)(18) through (30) and 10–103(b)(17) through (23) 3
Annotated Code of Maryland 4
(2012 Volume and 2024 Supplement) 5
BY adding to 6
Article – Land Use 7
Section 1–401(b)(18); 4–501 through 4–507 4–504 to be under the new subtitle 8
“Subtitle 5. Accessory Dwelling Units”; and 10–103(b)(17) 9
Annotated Code of Maryland 10
(2012 Volume and 2024 Supplement) 11
BY adding to 12
Article – Real Property 13
Section 2–126, 11B–101(a–1), and 11B–111.11 14
Annotated Code of Maryland 15
(2023 Replacement Volume and 2024 Supplement) 16
BY repealing and reenacting, without amendments, 17
Article – Real Property 18
Section 11B–101(a) 19
Annotated Code of Maryland 20
(2023 Replacement Volume and 2024 Supplement) 21
BY repealing and reenacting, with amendments, 22
Article – Real Property 23
Section 11B–117(a) 24
Annotated Code of Maryland 25
(2023 Replacement Volume and 2024 Supplement) 26
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 27
That the Laws of Maryland read as follows: 28
Article – Land Use 29
1–401. 30
(a) Except as provided in this section, this division does not apply to charter 31
counties. 32
(b) The following provisions of this division apply to a charter county: 33
(18) TITLE 4, SUBTITLE 5 (ACCESSORY DWELLING UNITS); 34
[(18)] (19) § 5–102(d) (Subdivision regulations – Burial sites); 35
SENATE BILL 891 3
[(19)] (20) § 5–104 (Major subdivision – Review); 1
[(20)] (21) Title 7, Subtitle 1 (Development Mechanisms); 2
[(21)] (22) Title 7, Subtitle 2 (Transfer of Development Rights); 3
[(22)] (23) except in Montgomery County or Prince George’s County, Title 4
7, Subtitle 3 (Development Rights and Responsibilities Agreements); 5
[(23)] (24) Title 7, Subtitle 4 (Inclusionary Zoning); 6
[(24)] (25) Title 7, Subtitle 5 (Housing Expansion and Affordability); 7
[(25)] (26) § 8–401 (Conversion of overhead facilities); 8
[(26)] (27) for Baltimore County only, Title 9, Subtitle 3 (Single–County 9
Provisions – Baltimore County); 10
[(27)] (28) for Frederick County only, Title 9, Subtitle 10 (Single–County 11
Provisions – Frederick County); 12
[(28)] (29) for Howard County only, Title 9, Subtitle 13 (Single–County 13
Provisions – Howard County); 14
[(29)] (30) for Talbot County only, Title 9, Subtitle 18 (Single–County 15
Provisions – Talbot County); and 16
[(30)] (31) Title 11, Subtitle 2 (Civil Penalty). 17
(c) This section supersedes any inconsistent provision of Division II of this article. 18
SUBTITLE 5. ACCESSORY DWELLING UNITS. 19
4–501. 20
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 21
INDICATED. 22
(B) (1) “ACCESSORY DWELLING UN IT” MEANS A SECONDARY DW ELLING 23
UNIT THAT IS: 24
(I) ON THE SAME LOT , PARCEL, OR TRACT AS A PRIMAR Y 25
SINGLE–FAMILY DETACHED DWELLING UNIT THAT IS CONSTRUCTED :; AND 26
4 SENATE BILL 891
(II) NOT GREATER THAN 75% OF THE SIZE OF AND 1
SUBORDINATE IN USE T O THE PRIMARY SINGLE –FAMILY DETACHED DWEL LING 2
UNIT. 3
(1) ATTACHED TO OR THROUGH THE CONVERSI ON OF A PORTION OF 4
THE PRIMARY DWELLING UNIT; 5
(2) ATTACHED TO OR THROU GH THE FULL OR PARTI AL CONVERSION 6
OF AN ACCESSORY STRU CTURE LOCATED ON THE SAME LOT, PARCEL, OR TRACT AS 7
THE PRIMARY DWELLING UNIT; OR 8
(3) AS A NEW BUILDING , DETACHED FROM THE PR IMARY DWELLING 9
UNIT AND ANY EXISTIN G ACCESSORY STRUCTUR ES. 10
(2) “ACCESSORY DWELLING UN IT” INCLUDES A STRUCTURE THAT IS: 11
(I) SEPARATE FROM THE PR IMARY SINGLE–FAMILY DETACHED 12
DWELLING UNIT ; OR 13
(II) ATTACHED AS AN ADDIT ION TO THE PRIMARY 14
SINGLE–FAMILY DETACHED DWEL LING UNIT. 15
(C) (1) “DWELLING UNIT” MEANS A SINGLE UNIT PROVIDING COMPLETE , 16
INDEPENDENT LIVING FACILITIES FO R AT LEAST ONE INDIV IDUAL, INCLUDING, AT A 17
MINIMUM, PERMANENT PROVISIONS FOR SA NITATION, COOKING, EATING, AND 18
SLEEPING, AND OTHER ACTIVITIES ROU TINELY ASSOCIATED WI TH DAILY LIFE. 19
(2) “DWELLING UNIT” DOES NOT INCLUDE A U NIT IN A MULTIFAMILY 20
RESIDENTIAL BUILDING . 21
(D) “UTILITY” MEANS WATER OR SEWER DISPOSAL SERVICES PR OVIDED BY: 22
(1) A PRIVATE COMPANY RE GULATED UNDER DIVISION I OF THE 23
PUBLIC UTILITIES ARTICLE; 24
(2) THE WASHINGTON SUBURBAN SANITARY COMMISSION 25
REGULATED UNDER DIVISION II OF THE PUBLIC UTILITIES ARTICLE; 26
(3) A SANITARY COMMISSIO N REGULATED UNDER TITLE 9, SUBTITLE 27
6 OF THE ENVIRONMENT ARTICLE; OR 28
(4) A MUNICIPAL AUTHORIT Y REGULATED UNDER TITLE 9, SUBTITLE 29
7 OF THE ENVIRONMENT ARTICLE. 30
SENATE BILL 891 5
4–502. 1
THIS SUBTITLE APPLIES ONLY TO THE DEVELOPM ENT OF ACCESSORY 2
DWELLING UNITS ON LA ND ZONED FOR WITH A SINGLE–FAMILY RESIDENTIAL USE 3
DETACHED DWELLING UN IT AS THE PRIMARY DW ELLING UNIT. 4
4–503. 5
(A) IT IS THE POLICY OF T HE STATE TO PROMOTE AND ENCOURAGE THE 6
CREATION OF ACCESSOR Y DWELLING UNITS ON LAND ZONED FOR WITH A 7
SINGLE–FAMILY RESIDENTIAL USE DETACHED DWELLING UNIT AS THE PRIMARY 8
DWELLING UNIT IN ORDER TO MEET THE HOUSING NEEDS OF THE CITIZENS OF 9
MARYLAND. 10
(B) (1) EXCEPT AS PROVIDED IN THIS SUBTITLE AND SU BJECT TO 11
PARAGRAPH (2) OF THIS SUBSECTION , THIS SUBTITLE DOES N OT ALTER OR 12
ABROGATE ANY ZONING POWER OR RE LATED AUTHORITY GRAN TED TO A LOCAL 13
JURISDICTION UNDER T HIS TITLE. 14
(2) LOCAL JURISDICTIONS S HALL ESTABLISH POLIC IES THAT 15
FURTHER THE INTENT O F THIS SUBTITLE. 16
4–504. 17
(A) (1) ON OR BEFORE OCTOBER 1, 2026, EACH LEGISLATIVE BOD Y 18
SHALL ADOPT A LOCAL LAW AUTHORIZING THE DEVELO PMENT OF ACCESSORY 19
DWELLING UNITS ON LAND ZONED FOR SI NGLE–FAMILY RESIDENTIAL U SE IN 20
ACCORDANCE WITH THIS SECTION. 21
(2) A LEGISLATIVE BODY MAY ADOPT A LOCAL LAW TH AT: 22
(I) ESTABLISHES STANDARD S FOR ACCESSORY DWEL LING UNIT 23
SAFETY; AND 24
(II) PROHIBITS THE FULL O R PARTIAL CONVERSION OF AN 25
ACCESSORY STRUCTURE AS AN ACCESSORY DWEL LING UNIT IF THE ONL Y 26
VEHICULAR ACCESS TO THE ACCESSORY STRUCT URE IS FROM AN ALLEY . 27
(B) A LOCAL LAW ADOPTED UNDER THIS SECTION SHALL APPLY TO ALL 28
LAND IN THE LOCAL JU RISDICTION ZONED FOR SINGLE–FAMILY RESIDENTIAL U SE, 29
PROVIDED THAT : 30
6 SENATE BILL 891
(1) THE PARTY DEVELOPING THE ACCESSORY DWELLI NG UNIT OWNS 1
AND HAS THE EXCLUSIV E RIGHT TO USE THE L OT, PARCEL, OR TRACT ON WHICH THE 2
ACCESSORY DWELLING U NIT IS TO BE DEVELOP ED; AND 3
(2) THE DEVELOPMENT OF N EW DWELLING UNITS ON THE LOT, 4
TRACT, OR PARCEL IS NOT OTH ERWISE PROHIBITED DU E TO: 5
(I) LIMITATIONS ON AVAIL ABLE SAFE DRINKING W ATER; 6
(II) THE EXISTENCE OF PUBLIC HEALTH RISKS DUE TO 7
LIMITATIONS ON SEWAG E DISPOSAL; OR 8
(III) RISKS ASSOCIATED WIT H FIRES, FLOODS, OR LANDSLIDES 9
PROVIDE FOR CONSTRUC TION OF ACCESSORY DW ELLING UNITS THAT ME ET PUBLIC 10
HEALTH, SAFETY, AND WELFARE STANDARD S, INCLUDING RELEVANT B UILDING 11
CODES AND ADEQUATE P UBLIC FACILITIES PRO VISIONS. 12
(C) A LOCAL LAW ADOPTED UN DER THIS SECTION SHA LL: 13
(1) REQUIRE THAT THE TOT AL SQUARE FOOTAGE OF THE ACCESSORY 14
DWELLING UNIT BE LES S THAN THE TOTAL SQU ARE FOOTAGE OF THE P RIMARY 15
DWELLING UNIT ; 16
(2) REQUIRE THAT THE FIN AL DESIGN FOR THE AC CESSORY 17
DWELLING UNIT SATISF Y ALL RELEVANT BUILD ING CODE REQUIREMENT S; 18
(3) AUTHORIZE CONSTRUCTI ON OF AN ACCESSORY D WELLING UNIT 19
BEFORE OR DURING THE CONSTRUCTION OF THE PRIMARY DWELLING UNI T, UNLESS 20
THE CONSTRUCTION OF THE ACCESSORY DWELLING U NIT WOULD RESULT IN THE 21
NEED FOR A VARIANCE FROM THE ZONING LAW OF THE LOCAL JURISDI CTION IN 22
ORDER TO CONSTRUCT T HE PRIMARY DWELLING UNIT; 23
(4) EXCLUDE THE DEVELOPM ENT OF AN ACCESSORY DWELLING UNIT 24
FROM THE CALCULA TION OF DENSITY AND THE APPLICATION OF A NY MEASURES 25
LIMITING RESIDENTIAL GROWTH THAT PERTAIN TO THE LOT, PARCEL, OR TRACT 26
PROPOSED FOR THE DEV ELOPMENT OF THE ACCE SSORY DWELLING UNIT ; AND 27
(5) SET CONDITIONS FOR A PPROVAL OF A ZONING USE PERMIT FOR 28
AN ACCESSORY DWELLING UNIT UNDER § 4–505 OF THIS SUBTITLE THA T ADDRESS 29
OBJECTIVE AND MEASUR ABLE REQUIREMENTS , INCLUDING: 30
(I) MASSING; 31
(II) LOCATIONS OF ENTRANC ES; 32 SENATE BILL 891 7
(III) SQUARE FOOTAGE ; AND 1
(IV) SUBJECT TO § 4–507 OF THIS SUBTITLE, CONNECTIONS TO A 2
UTILITY. 3
(D) A LOCAL LAW ADOPTED UN DER THIS SECTION MAY NOT: 4
(1) REQUIRE, AS A CONDITION TO DE VELOPING AN ACCESSOR Y 5
DWELLING UNIT , THAT THE LOT , PARCEL, OR TRACT EXCEED THE MINIMUM SIZE 6
REQUIRED FOR A PRIMA RY DWELLING UNIT IN THE ZONE OR DISTRICT ; 7
(2) ESTABLISH SETBACK RE QUIREMENTS FROM THE SIDE AND REAR 8
LOT LINES FOR AN ACC ESSORY DWELLING UNIT THAT IS CONVERTED FR OM AN 9
EXISTING ACCESSORY S TRUCTURE IF: 10
(I) THE LOCATION OF THE PROPOSED ACCESSORY D WELLING 11
UNIT IS IDENTICAL TO THE EXISTING ACCESSO RY STRUCTURE ; AND 12
(II) THE DIMENSIONS OF TH E PROPOSED ACCESSORY 13
DWELLING UNIT ARE ID ENTICAL TO OR SMALLE R THAN THE EXISTING ACCESSORY 14
STRUCTURE; 15
(3) FOR AN ACCESSORY DWE LLING UNIT OTHER THA N A UNIT THAT 16
MEETS THE REQUIREMEN TS OF ITEM (2) OF THIS SUBSECTION, ESTABLISH SETBACK 17
REQUIREMENTS THAT EX CEED 4 FEET THE EXISTING ACCESSO RY STRUCTURE 18
SETBACK REQUIREMENTS FROM THE SIDE AND RE AR LOT LINES; 19
(4) EXCEPT AS PROVIDED I N SUBSECTION (E) OF THIS SECTION , 20
REQUIRE: 21
(I) IF THE DEVELOPMENT O F THE ACCESSORY DWELLING U NIT 22
IS LOCATED WITHIN A 0.75–MILE RADIUS OF A MAS S TRANSIT FACILITY , THE 23
CREATION OF NEW OFF –STREET PARKING AS A CONDITION TO DEVELOP ING THE 24
ACCESSORY DWELLING U NIT; AND 25
(II) IF THE DEVELOPMENT O F THE ACCESSORY DWEL LING UNIT 26
IS LOCATED OUTSIDE A 0.75–MILE RADIUS OF A MAS S TRANSIT FACILITY , THE 27
CREATION OF MORE THA N ONE OFF–STREET PARKING SPACE ; OR 28
(5) SET CONDITIONS FOR A PPROVAL OF A ZONING USE PERMIT FOR 29
AN ACCESSORY DWELLIN G UNIT UNDER § 4–505 OF THIS SUBTITLE BAS ED ON 30
SUBJECTIVE CRITERIA, INCLUDING: 31
8 SENATE BILL 891
(I) NEIGHBORHOOD COMPATI BILITY, SUCH AS DESIGN OR 1
AESTHETICS; OR 2
(II) ADVERSE IMPACTS . 3
(E) (1) (I) SUBJECT TO SUBSECTION (D)(4) OF THIS SECTION , A A 4
LOCAL LAW ADOPTED UN DER THIS SECTION MAY ESTABLISH ADDITIONAL 5
OFF–STREET PARKING REQUIREMENTS THAT CONSIDER : 6
1. THE COST TO CONSTRUC T OFF–STREET PARKING 7
SPACES; 8
2. WHETHER SUFFICIENT C URB AREA EXISTS ALON G 9
THE FRONT LINE OF TH E PROPERTY TO ACCOMM ODATE ON–STREET PARKING ; 10
3. THE INCREASE IN IMPE RVIOUS SURFACE DUE T O THE 11
CREATION OF NEW OFF –STREET PARKING AND T HE RELATION TO ANY A PPLICABLE 12
STORMWATER MANAGEMEN T PLANS; AND 13
4. VARIABILITY DUE TO T HE SIZE OF THE LOT , PARCEL, 14
OR TRACT ON WHICH TH E ACCESSORY DWELLING UNIT OR PRIMARY DWELLING IS 15
LOCATED. 16
(II) A LOCAL LAW ADOPTED UN DER THIS PARAGRAPH S HALL 17
PROVIDE FOR A WAIVER PROCESS FROM THE PAR KING REQUIREMENTS . 18
(2) BEFORE ADOPTING A LOC AL LAW UNDER PARAGRA PH (1) OF THIS 19
SUBSECTION, A LEGISLATIVE BODY S HALL COMPLETE A PARKING STUDY TO 20
DETERMINE THE APPLIC ABLE NEEDS AND RESTR ICTIONS IN THE JURIS DICTION. 21
4–505. 22
(A) A LOCAL JURISDICTION S HALL APPROVE OR DENY A COMPLETE 23
APPLICATION FOR A ZO NING USE PERMIT FOR AN ACCESSORY DWELLIN G UNIT 24
WITHIN 90 DAYS AFTER RECEIPT B Y THE AGENCY RESPONSIBLE F OR MAKING 25
ZONING DECISIONS . 26
(B) APPROVAL OF A COMPLET E APPLICATION UNDER THIS SECTION SHALL 27
BE PERFORMED IN A MI NISTERIAL MANNER . 28
(C) IF AN APPLICANT REQUE STS A DELAY IN THE R EVIEW OF AN 29
APPLICATION, THE 90–DAY REVIEW PERIOD RE QUIRED UNDER SUBSECTION (A) OF 30
THIS SECTION SHALL B E TOLLED FOR THE DUR ATION OF THE DELAY . 31
SENATE BILL 891 9
(D) THIS SECTION MAY NOT BE CONSTRUED TO ALTE R THE APPELLATE OR 1
JUDICIAL REVIEW PROC ESSES FOR A ZONING U SE PERMIT APPLICATIO N FOR AN 2
ACCESSORY DWELLING U NIT. 3
4–506. 4
(A) A LOCAL JURISDICTION M AY NOT CHARGE A DEVE LOPMENT IMPACT 5
FEE OR A BUILDING EX CISE TAX ON AN ACCES SORY DWELLING UNIT W ITH A TOTAL 6
SQUARE FOOTAGE OF LE SS THAN 750 SQUARE FEET. 7
(B) A LOCAL JURISDICTION M AY CHARGE A DEVELOPM ENT IMPACT FEE OR 8
A BUILDING EXCISE TAX FOR THE D EVELOPMENT OF AN ACC ESSORY DWELLING UNIT 9
THAT IS AT LEAST 750 SQUARE FEET IF THE I MPACT FEE OR BUILDIN G EXCISE TAX 10
IS: 11
(1) ASSESSED PROPORTIONA TELY IN RELATION TO THE SQUARE 12
FOOTAGE OF THE PRIMA RY DWELLING UNIT ; AND 13
(2) SET AT AN AMOUNT THAT DOES NOT CREATE A DE FACT O 14
PROHIBITION ON THE C ONSTRUCTION OF THE A CCESSORY DWELLING UN IT. 15
(C) A LOCAL JURISDICTION M AY ESTABLISH A PROCE SS BY WHICH AN 16
IMPACT FEE OR BUILDI NG EXCISE TAX CHARGE D UNDER THIS SECTION MAY BE 17
WAIVED OR REDUCED . 18
4–507. 19
(A) (1) THIS SUBSECTION DOES NOT APPLY TO AN ACCE SSORY DWELLING 20
UNIT THAT IS DEVELOP ED IN CONJUNCTION WI TH A NEW OR SUBSTANT IALLY 21
RENOVATED PRIMARY DW ELLING UNIT. 22
(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , A UTILITY 23
MAY NOT REQUIRE THE USE OF A SEPARATE CO NNECTION BETWEEN AN ACCESSORY 24
DWELLING UNIT AND TH E WATER OR SEWER MAI N IF THE EXISTING CO NNECTION 25
BETWEEN THE PRIMARY DWELLING UNIT AND TH E WATER OR SEWER MAI N IS 26
DETERMINED TO BE SUF FICIENT TO SUPPORT T HE ADDITION OF THE A CCESSORY 27
DWELLING UNIT. 28
(3) A LOCAL JURISDICTION M AY ESTABLISH CRITERI A UNDER WHICH 29
A UTILITY IS AUTHORI ZED TO REQUIRE THE U SE OF A SEPARATE CON NECTION 30
BETWEEN AN ACCESSORY DWELLING UNIT AND TH E WATER OR SEWER MAI N. 31
(B) IF AN ACCESSORY DWELL ING UNIT IS INTEGRAT ED INTO THE EXISTING 32
CONNECTION BETWEEN T HE PRIMARY DWELLING UNIT AND THE WATER O R SEWER 33 10 SENATE BILL 891
MAIN, A UTILITY MAY NOT CH ARGE A CONNECTION FE E ASSOCIATED WITH TH E 1
INTEGRATION OF THE A CCESSORY DWELLING UN IT. 2
(C) A PERSON DEVELOPING AN ACCESSORY DWELLING U NIT MAY ELECT TO 3
USE A METER THAT IS SHARED WITH THE PRIM ARY DWELLING UNIT TO TRACK THE 4
DELIVERY OF WATER FR OM A UTILITY. 5
10–103. 6
(a) Except as provided in this section, this division does not apply to Baltimore 7
City. 8
(b) The following provisions of this division apply to Baltimore City: 9
(17) TITLE 4, SUBTITLE 5 (ACCESSORY DWELLING UNITS); 10
[(17)] (18) § 5–102(d) (Subdivision regulations – Burial sites); 11
[(18)] (19) Title 7, Subtitle 1 (Development Mechanisms); 12
[(19)] (20) Title 7, Subtitle 2 (Transfer of Development Rights); 13
[(20)] (21) Title 7, Subtitle 3 (Development Rights and Responsibilities 14
Agreements); 15
[(21)] (22) Title 7, Subtitle 4 (Inclusionary Zoning); 16
[(22)] (23) Title 7, Subtitle 5 (Housing Expansion and Affordability); and 17
[(23)] (24) Title 11, Subtitle 2 (Civil Penalty). 18
Article – Real Property 19
2–126. 20
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 21
INDICATED. 22
(2) “ACCESSORY DWELLING UN IT” HAS THE MEANING STAT ED IN § 23
4–501 OF THE LAND USE ARTICLE. 24
(3) “RESTRICTION ON USE ” INCLUDES ANY COVENAN T, 25
RESTRICTION, OR CONDITION CONTAIN ED IN: 26
(I) A DEED; 27 SENATE BILL 891 11
(II) A DECLARATION ; 1
(III) A CONTRACT; 2
(IV) THE BYLAWS OR RULES O F A HOMEOWNERS ASSOC IATION; 3
(V) A SECURITY INSTRUMENT ; OR 4
(VI) ANY OTHER INSTRUMENT AFFECTING: 5
1. THE TRANSFER OR SALE OF REAL PROPERTY ; OR 6
2. ANY OTHER INTEREST IN REAL PROPERTY . 7
(B) (1) IF EXCEPT AS PROVIDED IN PARAGRAPH (2)(II) OF THIS 8
SUBSECTION, IF A PROPERTY OWNER HAS THE EXCLUSIVE RIGHT TO USE THE 9
PROPERTY AND ABIDES BY ALL APPLICABLE LA WS AND REGULATIONS , A 10
RESTRICTION ON USE R EGARDING LAND USE MA Y NOT IMPOSE OR ACT TO IMPOSE 11
AN UNREASONABLE LIMI TATION ON THE ABILIT Y OF THE PROPERTY OW NER TO 12
DEVELOP OR OFFER FOR RENT AN ACCESSORY DWELLIN G UNIT ON A PROPERTY 13
ZONED FOR SINGLE–FAMILY RESIDENTIAL U SE. 14
(2) FOR THE PURPOSE OF PA RAGRAPH (1) OF THIS SUBSECTION , AN 15
UNREASONABLE LIMITAT ION: 16
(I) INCLUDES INCLUDES A LIMITATION THAT : 17
(I) SIGNIFICANTLY INCREAS ES THE COST OF DEVEL OPING AN 18
ACCESSORY DWELLING U NIT; OR 19
(II) PROHIBITS PROHIBITS, EITHER EXPLICITLY OR BY EFFECT 20
OF THE RESTRICTIONS , THE DEVELOPMENT OF A N ACCESSORY DWELLING UNIT; AND 21
(II) DOES NOT INCLUDE A LI MITATION ON THE SHOR T–TERM 22
RENTAL OF AN ACCESSO RY DWELLING UNIT . 23
(C) THIS SECTION DOES NOT APPLY TO A RESTRICTI ON ON USE ON HISTORI C 24
PROPERTY THAT IS LIS TED IN OR DETERMINED BY THE DIRECTOR OF THE 25
MARYLAND HISTORICAL TRUST TO BE ELIGIBLE FOR INCLUSION IN THE MARYLAND 26
REGISTER OF HISTORIC PROPERTIES. 27
11B–101. 28
12 SENATE BILL 891
(a) In this title the following words have the meanings indicated, unless the 1
context requires otherwise. 2
(A–1) “ACCESSORY DWELLING UN IT” HAS THE MEANING STAT ED IN § 4–501 OF 3
THE LAND USE ARTICLE. 4
11B–111.11. 5
NOTWITHSTANDING ANY O THER PROVISION OF LA W OR ANY PROVISION IN 6
THE DECLARATION , BYLAWS, RULES, DEEDS, AGREEMENTS , OR RECORDED 7
COVENANTS OR RESTRIC TIONS OF A HOMEOWNER S ASSOCIATION, THE GOVERNING 8
BODY OF A HOMEOWNERS ASSOCIATION HAS THE AUTHORITY TO TREAT A N 9
ACCESSORY DWELLING U NIT AS A SEPARATE LO T FOR PURPOSES OF VOTING ON A 10
HOMEOWNERS ASSOCIATI ON MATTER. 11
11B–117. 12
(a) (1) As provided in the declaration, a lot owner shall be liable for all 13
homeowners association assessments and charges that come due during the time that the 14
lot owner owns the lot. 15
(2) [The] NOTWITHSTANDING ANY P ROVISION OF THE DECL ARATION, 16
ARTICLES OF INCORPOR ATION, OR BYLAWS RESTRICTIN G ASSESSMENT INCREAS ES, 17
CAPPING THE ASSESSME NT THAT MAY BE LEVIE D IN A FISCAL YEAR , OR LIMITING 18
ASSESSMENTS TO EACH LOT, THE governing body of a homeowners association has the 19
authority to [increase]: 20
(I) INCREASE an assessment levied to cover the reserve funding 21
amount required under § 11B–112.3 of this title[, notwithstanding any provision of the 22
declaration, articles of incorporation, or bylaws restricting assessment increases or capping 23
the assessment that may be levied in a fiscal year]; AND 24
(II) TREAT AN ACCESSORY DW ELLING UNIT AS A SEP ARATE LOT 25
FOR PURPOSES OF LEVY ING ASSESSMENTS . 26
SECTION 2. AND BE IT FURTHER ENACTED, That this Act s hall take effect 27
October 1, 2025. 28