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A List Of New Laws In Maryland For 2017: Part I

Posted by IKO Community Management on April 13, 2017 at 9:00 AM

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IKO details the new laws in Maryland from the Community Management Institute:

Limited Residential Lodging: Innkeepers and hosting platform operators who offer specific types of limited residential lodging must maintain specified licenses and records and operate in a specified manner, including:

  • Any records must be made available to specified law enforcement agencies
  • Authorized specified law enforcement agencies can order an innkeeper to cease and desist from offering limited residential lodging
  • Innkeepers must ensure that limited residential lodging units comply with laws applicable to similar accommodations

Small Claim Action Appeals From District Court: Specified representatives of specified entities are exempt from the requirement of the Bar of Maryland’s admission and other Court of Appeals’ requirements for representing the entity in the appeals of specified civil actions originating in the District Court under certain circumstances

Civil Actions & Procedures - Garnishments - Spousal Property: Establishes a presumption that a jointly held garnishment between spouses against specified property in specified financial institutions is valid unless either spouse files an objection to the garnishment (and serves a copy of the motion on the judgment creditor, garnishee, and any other person on the account) within 30 days after service

State Real Estate Commission – Property Managers – Registration:

  • Requires a person who provides property management services to be registered as a property manager by the State Real Estate Commission before practicing in the State
  • Prohibits the providing of, attempting to provide, or offering to provide these services unless registered with the Commission as a property manager
  • Subjects violators of this prohibition to a civil fine of $1,000 or less
  • Covers specified property managers with a specified surety bond

Condominiums – Delinquent Owners – Restrictions on Common Element Usage:

  • Authorizes a council of unit owners to enact specified bylaws that prohibit or restrict the use of common elements by a unit owner who hasn't paid assessments under specified circumstances
  • Provides specific requirements for bylaws implementing a prohibition or restriction on using specified common elements by specified delinquent owners

Real Property – Regulation of Common Ownership Community Managers:

  • Creates the State Board of Common Ownership Community Managers in the Department of Labor, Licensing, and Regulation
  • Provides for the Board’s composition and the appointment, terms, and expenses of members, provided that the Act doesn’t prohibit specified persons from providing services under specified circumstances
  • Requires an individual to have a Board-issued license before providing management services for a common ownership community 

Attachment and Execution - Exemptions: Alters the wage amount of a judgment debtor that are exempt from attachment; exemption from execution on a judgment for specified items necessary for the practice of any trade or profession; and exemption from execution on a judgment for specified items that are held primarily for personal, family, or household use

Notices, Postponement, or Cancellation of Foreclosure Sale:

  • Requires the person authorized to make a foreclosure sale give written notice at least 30 days before the date of the proposed sale to a specified condominium or HOA that has recorded a statement of lien against the property
  • Requires the trustee, within 14 days after the postponement or cancellation, send a notice to the record owner
  • Applies the Act to a foreclosure sale scheduled after the effective date of the Act

Homeowners Associations - Resale of Lot - Inspection Fees: Authorizes an HOA to charge a reasonable fee (not to exceed $100) for a lot inspection as part of its preparation of required disclosures on resale of the lot under specified circumstances

Common Ownership Communities - Statewide Registration:

  • Requires a cooperative housing corporation, condominium, and HOA register annually with the State Department of Assessments and Taxation
  • Exempts specified common ownership communities from the applicability of the Act
  • Establishes a Common Ownership Community Registry in the Department
  • Provides a $3 annual registration fee and specified contents of a registration form
  • Proves failure to register a civil violation that’s subject to a $50 fine
  • Requires the Department to make a specified report

Maryland Healthy Working Families Act:

  • Requires employers with 15 or more employees to provide employees with earned sick and safe leave that’s paid at the same wage rate as the employee’s normal earnings
  • Requires employers with 14 or fewer employees to provide an employee with unpaid earned sick and safe leave in the manner that earned sick and safe leave is accrued
  • Authorizes an employee to work additional hours or trade shifts under specified circumstances

Collection Agency Licensing Board - Reorganization:

  • Reorganizes the Commissioner of Financial Regulation & State Collection Agency Licensing Board as divisions of the Maryland Insurance Administration
  • Requires the Board delegates the processing of specified license applications and renewals applications to the Division

Montgomery County - Gaming - Bingo Games: An individual who’s at least 21 years old can conduct BINGO involving cash prizes if it's conducted at a specified residential property in a specified manner

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