Maryland Homeowner's Association Law that Effects You

OPEN MEETINGS

Annotated Code of Maryland
Real Property Article
http://www.dsd.state.md.us/comar/Annot_Code_Idx/RealPropIndex.htm#Title%2011
•
• Title 11B. Maryland Homeowners Association Act

Article - Real Property

§ 11B-111. ( in reference to OPEN MEETINGS)
Except as provided in this title, and notwithstanding anything contained in any of the documents of the homeowners association:
(1) Subject to the provisions of paragraph (4) of this section, all meetings of the homeowners association, including meetings of the board of directors or other governing body of the homeowners association or a committee of the homeowners association, shall be open to all members of the homeowners association or their agents;
(2) All members of the homeowners association shall be given reasonable notice of all regularly scheduled open meetings of the homeowners association;
(3) (i) This paragraph does not apply to any meeting of a governing body that occurs at any time before the lot owners, other than the developer, have a majority of votes in the homeowners association, as provided in the declaration;
(ii) Subject to subparagraph (iii) of this paragraph and to reasonable rules adopted by a governing body, a governing body shall provide a designated period of time during a meeting to allow lot owners an opportunity to comment on any matter relating to the homeowners association;
(iii) During a meeting at which the agenda is limited to specific topics or at a special meeting, the lot owners' comments may be limited to the topics listed on the meeting agenda; and
(iv) The governing body shall convene at least one meeting each year at which the agenda is open to any matter relating to the homeowners association;
(4) A meeting of the board of directors or other governing body of the homeowners association or a committee of the homeowners association may be held in closed session only for the following purposes:
(i) Discussion of matters pertaining to employees and personnel;
(ii) Protection of the privacy or reputation of individuals in matters not related to the homeowners association's business;
(iii) Consultation with legal counsel;
(iv) Consultation with staff personnel, consultants, attorneys, or other persons in connection with pending or potential litigation;
(v) Investigative proceedings concerning possible or actual criminal misconduct;
(vi) Consideration of the terms or conditions of a business transaction in the negotiation stage if the disclosure could adversely affect the economic interests of the homeowners association;
(vii) Compliance with a specific constitutional, statutory, or judicially imposed requirement protecting particular proceedings or matters from public disclosure; or
(viii) On an individually recorded affirmative vote of two-thirds of the board or committee members present, some other exceptional reason so compelling as to override the general public policy in favor of open meetings; and
(5) If a meeting is held in closed session under paragraph (4) of this section:
(i) An action may not be taken and a matter may not be discussed if it is not permitted by paragraph (4) of this section; and
(ii) A statement of the time, place, and purpose of a closed meeting, the record of the vote of each board or committee member by which the meeting was closed, and the authority under this section for closing a meeting shall be included in the minutes of the next meeting of the board of directors or the committee of the homeowners association.

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.

Email us
podickorypoint@yahoo.com

Additional Information:

Title 11B. Maryland Homeowners Association Act