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

Posted by IKO Community Management on April 20, 2017 at 9:00 AM

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IKO details the second half of the Community Association Institute's new laws in Maryland:

Termination Until Service to Multifamily Dwelling Unit - Notice to Property Owner/Manager:

  • Requires a public service company that’s going to terminate a customer’s electric or gas service in a multifamily dwelling unit to notify the property owner or manager of the unit prior to termination
  • Requires a public service company to provide notice only to a property owner or manager who enrolls in a specified service termination notification program
  • Requires the Public Service Commission to adopt specific regulations

Polybutylene Connection Pipe Replacement Loan Program:

  • Requires the Washington Suburban Sanitary Commission to establish a Polybutylene Connection Pipe Replacement Loan Program to provide loans to residential customers in order to finance the replacement of malfunctioning polybutylene pipes on customer property located in the Commission's territory that connect from service connections to residences
  • Requires the Program provide for loan terms and conditions, including an interest rate that may not exceed the prime rate applicable on the day the loan is made

Backyard Gardens - Prohibition on Restrictions:

  • Prohibits specified documents from prohibiting a specified homeowner or tenant from installing or cultivating a backyard garden
  • Establishes that a specified homeowner or tenant may not be prohibited from installing or cultivating a backyard garden on specified property, providing that a local jurisdiction may not prohibit specified backyard gardens
  • Applies the prohibition to charter counties and Baltimore City

Rental Units, Condos, and HOAs - Smoking Restrictions:

  • Allows written leases, bylaws, and regulations for residential property to include specific restrictions or prohibitions on smoking tobacco products in the dwelling unit or elsewhere on the premises
  • Authorizes an association to include in its declaration, bylaws, rules, or recorded CC&Rs a prohibition on smoking tobacco products in multi-unit dwellings and common areas

Use of Medical Oxygen in Residentials Dwellings - Smoking & Open Flame Restrictions: Prohibits an individual from lighting, smoking, or having an open flame to specified matters or substances that contain tobacco in a room of a residential dwelling in which medical oxygen is being used and within a specified number of feet of a specified room of a specified residential dwelling

Condos & HOAs - Reserve Studies - Annual Budgets:

  • Requires the governing body of specified condominiums to have a reserve study conducted of the common elements of the condominium by a specified date and at specified intervals
  • Requires the reserve study to meet specified criteria
  • Alters the annual budget’s content of specified associations
  • Requires the governing body of specified HOAs to have a reserve study conducted of the common areas of the HOA by a specified date and at specified intervals

Condos – Unenforceability of Certain Provisions of Governing Documents: Makes unenforceable specified provisions of specified condominium governing documents relating to asserting specified claims

Installation and Use of Electric Vehicle Recharging Equipment:

  • Provides that specified provisions of a recorded CC&Rs, declaration, or bylaws or rules of a condo or HOA are void and unenforceable
  • Establishes specific requirements and procedures relating to an application to the governing body of a condominium or association to install or use electric vehicle recharging equipment
  • Requires specified electric vehicle owners recharging equipment to be responsible for specified costs and disclosures

Condos & Homeowners Associations – Amendment of Governing Documents:

  • Alters minimum percentage of affirmative votes required to amend the bylaws of a condo to require the affirmative vote of unit owners in good standing having at least 55 percent of the votes in the council of unit owners
  • Repeals specified provisions concerning the minimum percentage of affirmative votes required to amend a specified governing document of a homeowners association created before a specified date

The Smoke-Free Multifamily Housing Promotion Act:

  • Establishes a Smoke-Free Multifamily Housing Grant Program with the purpose of the Program to provide financial assistance to multifamily housing property owners or governing bodies of a condominium or co-op property who obtain smoke-free certification
  • Requires the Department of Housing and Community Development to identify and make public specified conditions and procedures for obtaining certification and to issue a certificate to specified applicants

Notice of Foreclosure:

  • Requires a person authorized to sell residential property subject to foreclosure to file a notice of foreclosure with the Department of Labor, Licensing & Regulation under certain circumstances
  • Establishes that a notice of foreclosure may be filed through the Foreclosed Property Registry and contain specified information

Foreclosed Property Registry - Notice of Registration:

  • Authorizes a homeowners association or condo council of unit owners to file a request for notice of an initial registration in the Foreclosed Property Registry with the Department of Labor, Licensing & Regulation
  • Requires the Department to maintain a current list of specified requests for notice and to promptly send specified written notice after receiving an initial registration in the Registry to a homeowners association or condo  under specified circumstances

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