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Client Alert: New Maryland Law Affecting Condominium and Homeowner Associations

Mayland Senate Bill 758 / House Bill 1534 (the “Bill”) was recently signed by the Governor of Maryland, Wes Moore, and will go into effect October 1, 2025. The Bill (available here) amends Title 11 (the Condominium Act) and 11b (the HOA Act) of Maryland’s Real Property Code by imposing significant new regulations on association elections. The Bill also introduces new limitations on when fees may be charged to owners who request to review or copy the books and records of an association. While the Bill does not go into effect until October 1, 2025, it is important for Maryland Associations to be aware of the changes and to begin implementing policies to ensure compliance with the Bill.

The Bill considers elections to include the collection and counting of ballots and the certifying of results for officers or members of an association’s governing body. Maryland Associations must now have their elections conducted by “independent parties”, who are not candidates in the election and do not have a conflict of interest regarding any candidate(s) taking part in the election. Importantly, the property managers of many associations will not qualify as independent parties.

Independent parties include qualifying unit or lot owners, property management that is owned by the Association, and third-party vendors or commercial technology platforms. Unit owners and lot owners can qualify as independent parties, so 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. 

The Bill further amends the Condominium Act and the Homeowners Association Act to prohibit associations from imposing charges on an Owner for examining the financial statements or the meeting minutes of the association in person, or for requesting and receiving them electronically. This means that Maryland Associations may only impose charges to review or copy the books and records when the review or copying occurs outside of normal business hours or is requested without reasonable notice.

For guidance concerning the Bill and its effects, or advice regarding what constitutes a conflict of interest for independent parties’ conducting elections on behalf of associations, you can contact the authors at BAndres@whitefordlaw.com or CZanger@whitefordlaw.com, or visit Whiteford's Community Association Homepage for more information.

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The information contained here is not intended to provide legal advice or opinion and should not be acted upon without consulting an attorney. Counsel should not be selected based on advertising materials, and we recommend that you conduct further investigation when seeking legal representation.