Earlier this year, Maryland Senate Bill 758/ House Bill 1534 was signed by the Governor, making notable amendments to both Title 11 (the Condominium Act) and 11b (the HOA Act) of Maryland's Real Property Code regarding association elections and fee charges related to an owner reviewing an association's books or records.
Effective October 1, 2025, these changes will introduce new, mandatory requirements that communities governed under both the Condominium Act and the HOA Act must be aware of and begin implementing policies to ensure compliance with the new Bill. With that being said, here's how the changes will impact your community.
What are the changes to the legislation, and what do they mean for Condominiums and HOA elections in Maryland?
Starting October 1st, 2025, Community Associations governed by the Condominium Act or the HOA Act will now be required to have their elections conducted by "Independent Parties". The Independent Party can not be a candidate in the election or have a conflict of interest regarding any candidate(s) taking part in the election. Most importantly, the property managers of many associations will not qualify as independent parties under these requirements.
This means that moving forward Community Associations will need a qualifying Independent Party, such as a third-party vendor, property management owned by the Association, or a commercial technology platform (i.e. GetQuorum), to conduct their election. Unit or lot owners can also qualify as an independent party, as long as they comply with the remaining requirements of Title 11 and Title 11b, do not campaign or electioneer for any candidate(s), and are not subject to the objection of more than twenty-five percent (25%) of the unit or lot owners who are eligible to vote.
What are the changes to the legislation regarding the review of Association records?
In addition to the changes regarding elections, Maryland Senate Bill 758/ House Bill 1534 will also amend the Condominium Act and the Homeowners Association Act to prohibit Associations from charging owners for examining the financial statements or the meeting minutes of the Association in person, or for requesting and receiving them electronically. The Association will now only be able to impose charges on owners to review or copy the books and records when the review or copying occurs outside of regular business hours or if requested without reasonable notice.
Additional Resources
For additional information and to review Maryland Senate Bill 758/ House Bill 1534, click here.
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