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A List Of New Laws In Maryland For 2018: Part I

Posted by IKO Community Management on February 1, 2018 at 9:00 AM

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IKO details the new laws in Maryland from various HOA law sources:

Short-Term Rentals. Beginning on July 1, 2018, a rentable home (often referred to as an AirBnB) in Montgomery County, Maryland, will be permitted if these rentals are the primary residence of the owner or owner-authorized resident of the rental property. 

According to Thomas Schild Law Group, “A home can be used for a short-term rental for up to 120 days in a calendar year where the owner or authorized resident is not physically present and occupies the residence during the rental stay.

No limit [exists] on the number of days the home can be used for a short-term rental where the owner or authorized resident is present and occupies the home. Up to six adults and no more than two adults per bedroom are permitted.”

“To address concerns of neighboring residents about ‘party house’ rentals, only registered guests will be allowed on the [rented] property with no visitors except persons visiting the primary resident.”

Condominiums, homeowner associations, and housing cooperatives are allowed to continue banning or restricting short-term rentals.

“Many condominium bylaws ban rentals of less than six months and some co-op documents prohibit any sublease without the consent of the coop. For associations which do not currently restrict such use, the governing documents can be amended to restrict or prohibit short term rentals.”

In order to begin short-term rentals, the renter must obtain a license from Montgomery County to “certify that the use is not prohibited by the association governing documents and that the association fees for the property are not more than 30 days past due.”

Resale Of Lot; Initial Sale Of Lot In Development Containing 12 Or Fewer Lots. “The Maryland Department of Housing and Community Development shall adjust the maximum fee authorized under paragraph (1) of this subsection every two years, beginning on October 1, 2018, to reflect any aggregate increase in the Consumer Price Index for All Urban Consumers (CPI-U) for Washington-Baltimore, or any successor index, for the previous two years.”

Read the full Maryland Homeowners Association Act as of 2017 here.

Resale Of Unit. “The Maryland Department of Housing and Community Development shall adjust the maximum fee authorized under paragraph (1) of this subsection every two years, beginning October 1, 2018, to reflect any aggregate increase in the Consumer Price Index for All Urban Consumers (CPI–U) for Washington–Baltimore, or any successor index, for the previous two years.”

Read the full Maryland Condominium Act as of July 2017 here.

Notice Of Foreclosure. Effective Oct. 1, 2018, “persons filing foreclosure actions are re­quired to file a notice of such filing with the Department of Labor, Licensing and Regu­lation (DLLR) within seven days of such fil­ing. The notice will be required to specify a name, address and telephone number of the person authorized to make the sale and the person authorized to maintain and manage the property before sale.

DLLR is expressly permitted to provide such information to homeowners and condominium associa­tions.”

Smoke Alarm Law.

  • For homeowners: “Maryland will require homeowners to replace...traditional battery-operated devices with new tamper resistance 10-year, lithium ion battery smoke alarms” for about 800 thousand homeowners.

    In Harford County, Maryland, residents can request up to three free 10-year smoke alarms from their nearest fire company through a program funded by the American Red Cross.

    Read more from The Pivec Group of Keller Williams Gateway here, or check out home requirements for Montgomery County, Maryland, here.

  • For landlords: One-and two-dwelling unit landlords “must upgrade battery smoke alarms to new, 10-year sealed battery units whenever there’s a change in occupancy or when those systems are 10 years old or malfunction.” 

    If you’re a landlord of more than two units, “the legislation assigns tenants of those units responsibility for testing the smoke alarms and notifying their landlords of any problems. Where problems occur, the landlords are required to replace or repair the broken systems.

For more on new Maryland laws for homeowners associations and legislative hot topics for this year, click below to download our latest guide:

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Topics: HOA Board, Landlords