Maryland Homeowner's Association Law that Effects You

This page is for general references and does not constitute legal advice.

Annotated Code of Maryland Real Property Article

• Title 11B. Maryland Homeowners Association Act

Article - Real Property

OPEN COMMUNITY BOOKS

AND RECORDS

Article - Real Property

§ 11B-112. (in reference to open community books and records)
(a) (1) Subject to the provisions of paragraph (2) of this subsection, all books and records kept by or on behalf of the homeowners association shall be made available for examination and copying by a lot owner, a lot owner's mortgagee, and their respective duly authorized agents or attorneys, during normal business hours, and after reasonable notice.
(2) Books and records kept by or on behalf of a homeowners association may be withheld from public inspection to the extent that they concern:
(i) Personnel records;
(ii) An individual's medical records;
(iii) An individual's financial records;
(iv) Records relating to business transactions that are currently in negotiation;
(v) The written advice of legal counsel; or
(vi) Minutes of a closed meeting of the governing body of the homeowners association.
(b) The homeowners association may impose a reasonable charge upon a person desiring to review or copy the books and records.
(c) (1) Each homeowners association that was in existence on June 30, 1987 shall deposit in the depository by December 31, 1988, and each homeowners association established subsequent to June 30, 1987 shall deposit in the depository by the later of the date 30 days following its establishment, or December 31, 1988, all disclosures, current to the date of deposit, specified:
(i) By § 11B-105(b) of this title except for those disclosures required by paragraphs (6)(i), (8), (9), and (12);
(ii) By § 11B-106(b) of this title except for those disclosures required by paragraphs (1), (2), (4), and (5)(i); and
(iii) By § 11B-107(b) of this title.
(2) Beginning January 1, 1989, within 30 days of the adoption of or amendment to any of the disclosures required by this title to be deposited in the depository, a homeowners association shall deposit the adopted or amended disclosures in the depository.
(3) If a homeowners association fails to deposit in the depository any of the disclosures required to be deposited by this section, or by § 11B-105(b)(6)(ii) or § 11B-106(b)(5)(ii) of this title, then those disclosures which were not deposited shall be unenforceable until the time they are deposited.

ASSOCIATION NOTICES VIA ELECTRONIC TRANSMISSION

§ 11B-113.1. (in reference to association notices via electronic transmission)
(a) Notwithstanding language contained in the governing documents of a homeowners association, the homeowners association may provide notice of a meeting or deliver information to a lot owner by electronic transmission if:
(1) The board of directors or other governing body of the homeowners association gives the homeowners association the authority to provide notice of a meeting or deliver information by electronic transmission;
(2) The lot owner gives the homeowners association prior written authorization to provide notice of a meeting or deliver information by electronic transmission; and
(3) An officer or agent of the homeowners association certifies in writing that the homeowners association has provided notice of a meeting or delivered material or information as authorized by the lot owner.
(b) Notice or delivery by electronic transmission shall be considered ineffective if:
(1) The homeowners association is unable to deliver two consecutive notices; and
(2) The inability to deliver the electronic transmission becomes known to the person responsible for sending the electronic transmission.
(c) The inadvertent failure to deliver notice by electronic transmission does not invalidate any meeting or other action.
§ 11B-113.2.
(a) Notwithstanding language contained in the governing documents of the homeowners association, the board of directors or other governing body of the homeowners association may authorize lot owners to submit a vote or proxy by electronic transmission if the electronic transmission contains information that verifies that the vote or proxy is authorized by the lot owner or the lot owner's proxy.
(b) If the governing documents of the homeowners association require voting by secret ballot and the anonymity of voting by electronic transmission cannot be guaranteed, voting by electronic transmission shall be permitted if lot owners have the option of casting anonymous printed ballots.

Additional Information:

Maryland Code Corporations and Associations Title 5, Subtitle 2 - Special Types of Corporations

* Maryland Corporate Laws may have priority over certain HOA governing documents, which have not been updated, nor remained current for many years.