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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb1362*
HOUSE BILL 1362
N1 6lr2676
By: Delegates Wivell, Baker, and Valentine
Introduced and read first time: February 13, 2026
Assigned to: Economic Matters
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 10, 2026
CHAPTER ______
AN ACT concerning 1
Condominiums and Homeowners Associations – Meetings – Recording 2
Requirements 3
FOR the purpose of requiring that meetings of the council of unit owners, the board of 4
directors, or the governing body of a condominium and of a homeowners association, 5
including meetings of the governing body, the board of directors, or a committee of 6
the homeowners association, be recor ded in a certain manner; requiring meeting 7
recordings to be kept in a certain manner; and generally relating to condominiums 8
and homeowners associations. 9
BY renumbering 10
Article – Real Property 11
Section 11–109(c), (d), (e), and (f) 12
to be Section 11–109(d), (e), (f), and (g), respectively 13
Annotated Code of Maryland 14
(2023 Replacement Volume and 2025 Supplement) 15
BY repealing and reenacting, without amendments, 16
Article – Real Property 17
Section 11–109(a) and (b) and 11–109.1(a) 18
Annotated Code of Maryland 19
(2023 Replacement Volume and 2025 Supplement) 20
BY adding to 21
Article – Real Property 22
2 HOUSE BILL 1362
Section 11–109(c) 1
Annotated Code of Maryland 2
(2023 Replacement Volume and 2025 Supplement) 3
BY repealing and reenacting, with amendments, 4
Article – Real Property 5
Section 11–109.1(b), 11B–111, and 11B–112(a) 6
Annotated Code of Maryland 7
(2023 Replacement Volume and 2025 Supplement) 8
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
That Section(s) 11–109(c), (d), (e), and (f) of Article – Real Property of the Annotated Code 10
of Maryland be renumbered to be Section(s) 11–109(d), (e), (f), and (g), respectively. 11
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 12
as follows: 13
Article – Real Property 14
11–109. 15
(a) The affairs of the condominium shall be governed by a council of unit owners 16
which, even if unincorporated, is constituted a legal entity for all purposes. The council of 17
unit owners shall be comprised of all unit owners. 18
(b) The bylaws may authorize or provide for the del egation of any power of the 19
council of unit owners to a board of directors, officers, managing agent, or other person for 20
the purpose of carrying out the responsibilities of the council of unit owners. 21
(C) (1) THIS SUBSECTION DOES NOT APPLY TO A MEETI NG WITH A 22
CONDOMINIUM DEVELOPER. 23
(2) ALL EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS 24
SUBSECTION, ALL MEETINGS OF THE COUN CIL OF UNIT OWNERS O R A GOVERNING 25
BODY AND ALL SPECIAL MEETINGS OF THE BOAR D OF DIRECTORS SHALL BE 26
RECORDED: 27
(1) (I) BY VIDEO WITH AUDIO; OR 28
(2) (II) BY AUDIO ONLY. 29
(3) A MEETING MAY NOT BE R ECORDED IF A MEMBER IN GOOD 30
STANDING WHO IS IN ATTENDANCE AT THE MEETING OBJECTS. 31
(4) A RECORDING OF A MEETI NG MAY NOT BE USED I N PLACE OF 32
WRITTEN AND APPROVED MEETING MINUTES. 33
HOUSE BILL 1362 3
(5) ANY FEES ASSOCIATED WITH RECORDING A MEETING MUST BE 1
INCLUDED IN THE BUDGET AND APPROVED BY THE BOARD OF DIRECTORS. 2
11–109.1. 3
(a) A meeting of the board of directors may be held in closed session only for the 4
following purposes: 5
(1) Discussion of matters pertaining to employees and personnel; 6
(2) Protection of the privacy or reputation of individuals in matters not 7
related to the council of unit owners’ business; 8
(3) Consultation with legal counsel on legal matters; 9
(4) Consultation with staff personnel, consultants, attorneys, board 10
members, or other persons in connection with pending or potential litigation or other legal 11
matters; 12
(5) Investigative proceedings concerning possible or actual criminal 13
misconduct; 14
(6) Consideration of the terms or conditions of a business transaction in the 15
negotiation stage if the disclosure could adversely affect the economic interests of the 16
council of unit owners; 17
(7) Complying with a specific constitutional, statutory, or judicially 18
imposed requirement protecting particular proceedings or matters from public disclosure; 19
or 20
(8) Discussion of individual owner assessment accounts. 21
(b) If a meeting is held in closed session under subsection (a) of this section: 22
(1) An action may not be taken and a matter may not be discussed if it is 23
not permitted by subsection (a) of this section; [and] 24
(2) A statement of the time, place, and purpose of any closed meeting, the 25
record of the vote of each board member by which any meeting was closed, and the authority 26
under this section for closing any meeting shall be included in the minutes of the next 27
meeting of the board of directors; AND 28
(3) RECORDATION OF A MEETING REQUIRED BY § 11–109(C) OF THIS 29
SUBTITLE MAY BE PAUS ED FOR THE DURATION OF THE CLOSED PORTIO N OF THE 30
MEETING. 31
4 HOUSE BILL 1362
11B–111. 1
Except as provided in this title, and notwithstanding anything contai ned in any of 2
the documents of the homeowners association: 3
(1) Subject to the provisions of item [(4)] (5) of this section, all meetings of 4
the homeowners association, including meetings of the board of directors or other governing 5
body of the homeowner s association or a committee of the homeowners association, shall 6
be open to all members of the homeowners association or their agents; 7
(2) All members of the homeowners association shall be given reasonable 8
notice of all regularly scheduled open meetings of the homeowners association; 9
(3) (I) THIS PARAGRAPH DOES N OT APPLY TO A MEETIN G WITH A 10
HOUSING DEVELOPER; 11
(II) ALL EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF THIS 12
PARAGRAPH, ALL MEETINGS OF THE HOME OWNERS ASSOCIATION , INCLUDING 13
MEETINGS OF THE BOAR D OF DIRECTORS OR OT HER GOVERNING BODY O R A 14
COMMITTEE OF THE HOM EOWNERS ASSOCIATION, SHALL BE RECORDED BY VIDEO 15
WITH AUDIO OR BY AUDIO ONLY; 16
(III) A MEETING MAY NOT BE RECORDED IF A MEMBER IN GOOD 17
STANDING WHO IS IN ATTENDANCE AT THE MEETING OBJECTS; 18
(IV) A RECORDING OF A MEETI NG MAY NOT BE USED I N PLACE 19
OF WRITTEN AND APPROVED MEETING MINUTES; AND 20
(V) ANY FEES ASSOCIATED WITH RECORDING A MEETING MUST 21
BE INCLUDED IN THE BUDGET AND APPROVED BY THE BOARD OF DIRECTORS; 22
[(3)] (4) (i) This item does not apply to any meeting of a governing 23
body that occurs at any time before the lot owners, other than the developer, have a 24
majority of votes in the homeowners association, as provided in the declaration; 25
(ii) Subject to item (iii) of this item and to reasonable rules adopted 26
by a governing body, a governing body shall provide a designated period of time during a 27
meeting to allow lot owners an opportunity to comment on any m atter relating to the 28
homeowners association; 29
(iii) During a meeting at which the agenda is limited to specific topics 30
or at a special meeting, the lot owners’ comments may be limited to the topics listed on the 31
meeting agenda; and 32
HOUSE BILL 1362 5
(iv) The governing body shall convene at least one meeting each year 1
at which the agenda is open to any matter relating to the homeowners association; 2
[(4)] (5) A meeting of the board of directors or other governing body of the 3
homeowners association or a committee of the homeowners association may be held in 4
closed session only for the following purposes: 5
(i) Discussion of matters pertaining to employees and personnel; 6
(ii) Protection of the privacy or reputation of individuals in matters 7
not related to the homeowners association’s business; 8
(iii) Consultation with legal counsel on legal matters; 9
(iv) Consultation with staff personnel, consultants, attorneys, board 10
members, or other persons in connection with pending or potential litigation or other legal 11
matters; 12
(v) Investigative proceedings concerning possible or actual criminal 13
misconduct; 14
(vi) Consideration of the terms or conditions of a business 15
transaction in the negotiation stage if the disclosure could adversely affect the economic 16
interests of the homeowners association; 17
(vii) Compliance with a specific constitutional, statutory, or judicially 18
imposed requirement protecting particular proceedings or matters from public disclosure; 19
or 20
(viii) Discussion of individual owner assessment accounts; 21
[(5)] (6) If a meeting is held in closed session under item [(4)] (5) of this 22
section: 23
(i) An action may not be taken and a matter may not be discussed if 24
it is not permitted by item [(4)] (5) of this section; [and] 25
(ii) A statement of the time, place, and purpose of a closed meeting, 26
the record of the vote of each board or committee member by which the meeting was closed, 27
and the authority under this section for closing a meeting shall be included in the minutes 28
of the next meet ing of the board of directors or the committee of the homeowners 29
association; and 30
(III) VIDEO OR AUDIO RECORD ING OF THE MEETING R EQUIRED 31
BY ITEM (3) OF THIS SECTION MAY BE PAUSED FOR THE DURATION OF THE CLOSED 32
PORTION OF THE MEETING; AND 33
6 HOUSE BILL 1362
[(6)] (7) (i) If the number of lot owners present in person or by proxy 1
at a properly called meeting is insufficient to constitute a quorum, an additional meeting 2
of the lot owners may be called for the same purpose if: 3
1. The notice of the initial properly called meeting stated: 4
A. That the procedure authorized by this item (6) might be 5
invoked; and 6
B. The date, time, and place of the additional meeting; and 7
2. A majority of the lot owners present vote in person or by 8
proxy to call for the additional meeting; 9
(ii) An additional meeting called under item (i) of this item shall 10
occur not less than 15 days after the initial properly called meeting; 11
(iii) 1. Not less than 10 days before the additional meeting, a 12
separate and distinct notice of the date, time, place, and purpose of the additional meeting 13
called under item (i) of this item shall be: 14
A. Delivered, mailed, or sent by electronic transmission, if 15
the requirements of § 11B–113.1 of this title are met, to each lot owner at the address shown 16
on the roster maintained by the homeowners association; 17
B. Advertised in a newspaper published in the county where 18
the homeowners association is located; or 19
C. If the homeowners association has a website, posted on the 20
homepage of the website; and 21
2. The notice shall contain the quorum and voting provisions 22
of item (iv) of this item; 23
(iv) 1. At the additional meeting, the lot owners present in 24
person or by proxy constitute a quorum; and 25
2. Unless the bylaws provide otherwise, a majority of the lot 26
owners present in person or by proxy: 27
A. May approve or authorize the proposed action at the 28
additional meeting; and 29
B. May take any other action that could have been taken at 30
the original meeting if a sufficient number of lot owners had been present; and 31
HOUSE BILL 1362 7
(v) This item [(6)] (7) may not be construed to affect the percentage 1
of votes required to amend the declaration or bylaws or to take any other action required 2
to be taken by a specified percentage of votes. 3
11B–112. 4
(a) (1) (i) Subject to the provisions of paragraph (2) of this subsection, all 5
books, MEETING RECORDINGS , and records kept by or on behalf of the homeowners 6
association shall be made available for examination or copying, or both, by a lot owne r, a 7
lot owner’s mortgagee, or their respective duly authorized agents or attorneys, during 8
normal business hours, and after reasonable notice. 9
(ii) Books, MEETING RECORDINGS , and records required to be 10
made available under subparagraph (i) of this paragraph shall first be made available to a 11
lot owner no later than 15 business days after a lot is conveyed by the declarant and the lot 12
owner requests to examine or copy the books and records. 13
(iii) If a lot owner requests in writing a copy of financial statements 14
of the homeowners association, THE MEETING RECORDING, or the minutes of a meeting 15
of the governing body of the homeowners association to be delivered, the governing body of 16
the homeowners association shall compile and send the requested information by mail, 17
electronic transmission, or personal delivery: 18
1. Within 21 days after receipt of the written request, if the 19
financial statements or minutes were prepared wit hin the 3 years immediately preceding 20
receipt of the request; or 21
2. Within 45 days after receipt of the written request, if the 22
financial statements or minutes were prepared more than 3 years before receipt of the 23
request. 24
(2) Books, MEETING RECORDINGS, and records kept by or on behalf of a 25
homeowners association may be withheld from public inspection, except for inspection by 26
the person who is the subject of the record or the person’s designee or guardian, to the 27
extent that they concern: 28
(i) Personnel records, not including information on individual 29
salaries, wages, bonuses, and other compensation paid to employees; 30
(ii) An individual’s medical records; 31
(iii) An individual’s personal financial records, including assets, 32
income, liabilit ies, net worth, bank balances, financial history or activities, and 33
creditworthiness; 34
(iv) Records relating to business transactions that are currently in 35
negotiation; 36
8 HOUSE BILL 1362
(v) The written advice of legal counsel; or 1
(vi) Minutes OR A RECORDING of a closed meeting of the governing 2
body of the homeowners association, unless a majority of a quorum of the governing body 3
of the homeowners association that held the meeting approves unsealing the minutes or a 4
recording of the minutes for public inspection. 5
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 6
October 1, 2026. 7
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.