Baltimore County - Local Commission on Common Ownership Communities

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.
*hb1529*

HOUSE BILL 1529
N1, L1 6lr3531

By: Delegates Ross and Holmes Baltimore County Delegation and Delegate
Holmes
Introduced and read first time: February 13, 2026
Assigned to: Economic Matters
Committee Report: Favorable
House action: Adopted with floor amendments
Read second time: March 10, 2026

CHAPTER ______

AN ACT concerning 1

Baltimore County – Local Commission on Common Ownership Communities 2

FOR the purpose of establishing requirements for a local commission on common ownership 3
communities established by local law in Baltimore County; requiring a Baltimore 4
County common ownership community to register annually with the local 5
commission; requi ring the local commission to provide certain services and 6
assistance for common ownership communities in Baltimore County; authorizing the 7
local commission to collect certain fees; and generally relating to the local 8
commission on common ownership communities in Baltimore County. 9

BY adding to 10
Article – Real Property 11
Section 11C–101 through 11C–114 11C–107 to be under the new title “Title 11C. 12
Common Ownership Communities – Local Provisions” 13
Annotated Code of Maryland 14
(2023 Replacement Volume and 2025 Supplement) 15

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17

Article – Real Property 18

TITLE 11C. COMMON OWNERSHIP COMMUNITIES – LOCAL PROVISIONS. 19

2 HOUSE BILL 1529

11C–101. 1

(A) IN THIS TITLE THE FOL LOWING WORDS HAVE THE MEANINGS 2
INDICATED. 3

(B) “COMMON ELEMENT” MEANS: 4

(1) ANY PORTION OF A COMM ON OWNERSHIP COMMUNI TY OTHER 5
THAN THE UNITS OF A CONDOMINIUM OR COOPERATIVE; AND 6

(2) PROPERTY THAT IS OWNE D OR LEASED BY A HOM EOWNERS 7
ASSOCIATION. 8

(C) (1) “COMMON OWNERSHIP COMMUNITY” MEANS: 9

(I) A CONDOMINIUM AS DEFINED IN § 11–101 OF THIS ARTICLE 10
THAT IS USED FOR RESIDENTIAL PURPOSES; 11

(II) A COOPERATIVE HOUSING CORPORATION AS DEFINED IN § 12
5–6B–01 OF THE CORPORATIONS AND ASSOCIATIONS ARTICLE; AND 13

(III) A HOMEOWNERS ASSOCIATION AS DEFINED IN § 11B–101 OF 14
THIS ARTICLE. 15

(2) “COMMON OWNERSHIP COMM UNITY” DOES NOT INCLUDE A 16
TIME–SHARE PROJECT AS DEFINED IN § 11A–101 OF THIS ARTICLE. 17

(D) (1) “DISPUTE” MEANS A DISAGREEMENT BETWEEN AT LEAST TWO 18
PARTIES THAT INVOLVES: 19

(I) THE AUTHORITY OF A GO VERNING BODY OF A CO MMON 20
OWNERSHIP COMMUNITY TO: 21

1. REQUIRE OR PROHIBIT A NY ACTION INVOLVING A 22
UNIT OR COMMON ELEMENT; 23

2. REQUIRE ANY PERSON TO PAY A FEE , A FINE, OR AN 24
ASSESSMENT; 25

3. SPEND COMMON OWNERSHIP COMMUNITY FUNDS; OR 26

4. ALTER OR ADD TO A COMMON ELEMENT; OR 27

HOUSE BILL 1529 3

(II) THE FAILURE OF A GOVE RNING BODY OF A COMM ON 1
OWNERSHIP COMMUNITY TO: 2

1. PROPERLY CONDUCT AN ELECTION; 3

2. GIVE ADEQUATE NOTICE OF A MEETING OR ANY 4
OTHER ACTION; 5

3. PROPERLY CONDUCT A MEETING; 6

4. PROPERLY ADOPT A BUDGET OR RULES; 7

5. MAINTAIN OR AUDIT BOOKS AND RECORDS; 8

6. ALLOW INSPECTION OF BOOKS AND RECORDS; 9

7. MAINTAIN OR REPAIR A COMMON ELEMENT IF TH E 10
FAILURE RESULTS IN SIGNIFICANT PERSONAL INJURY OR PROPERTY DAMAGE; OR 11

8. EXERCISE ITS JUDGMENT IN GOOD FAITH 12
CONCERNING THE ENFOR CEMENT OF THE GOVERN ING DOCUMENTS AGAINS T ANY 13
PERSON THAT IS SUBJECT TO THOSE DOCUMENTS. 14

(2) “DISPUTE” DOES NOT INCLUDE A D ISAGREEMENT THAT 15
INVOLVES: 16

(I) TITLE TO ANY UNIT OR COMMON ELEMENT; 17

(II) THE PERCENTAGE INTERE ST OR VOTE ALLOCABLE TO A 18
UNIT; 19

(III) THE INTERPRETATION OR ENFORCEMENT OF ANY 20
WARRANTY; 21

(IV) THE COLLECTION OF AN ASSESSMENT VALIDLY L EVIED 22
AGAINST A PARTY; OR 23

(V) THE EXERCISE OF THE JUDG MENT OR DISCRETION O F A 24
COMMON OWNERSHIP COMMUNITY REGARDING ANY LEGALLY AUTHORIZED ACTION. 25

(E) “GOVERNING BODY OF A COMMON OWNERSHIP COMMUNITY” MEANS: 26

(1) THE COUNCIL OF UNIT OWNERS OF A CONDOMINIUM; 27
4 HOUSE BILL 1529

(2) THE BOARD OF DIRECTOR S OF A COOPERATIVE HOU SING 1
CORPORATION; 2

(3) A HOMEOWNERS ASSOCIATION, BOARD OF DIRECTORS , OR ANY 3
OTHER ENTITY ESTABLISHED TO GOVERN A PROPERTY SUBJECT TO AN INSTRUMENT 4
THAT IMPOSES ON LOTS , OR ON THE OWNERS OR OCCUPANTS OF LOTS , ANY 5
MANDATORY FEE IN CON NECTION WITH THE PROVI SION OF SERVICES OR 6
OTHERWISE FOR THE BENEFIT OF SOME OR ALL OF THE LOTS; OR 7

(4) ANY OTHER BODY AUTHOR IZED TO ADOPT RULES OR 8
REGULATIONS GOVERNIN G A CONDOMINIUM , COOPERATIVE HOUSING 9
CORPORATION, OR HOMEOWNERS ASSOCIATION. 10

(F) (1) “GOVERNING DOCUMENT” MEANS: 11

(I) THE MASTER DEED , DECLARATION, INCORPORATION 12
DOCUMENT, BYLAWS, OR RULES OF ANY COMMON OWNERSHIP COMMUNITY; 13

(II) A WRITTEN PRIVATE AGRE EMENT BETWEEN PARTIE S 14
CONCERNING THE OPERATION OF THE COMMUNITY OR MAINTENANCE OR CONTROL 15
OF COMMON OR LIMITED COMMON PROPERTY; OR 16

(III) A DOCUMENT CONCERNING THE OPERATION OR 17
GOVERNANCE OF A COMMON OWNERSHIP COMMUNITY. 18

(2) “GOVERNING DOCUMENT” DOES NOT INCLUDE A L EASE UNLESS 19
THE LEASE PROVIDES THAT IT MAY BE ENFORCED UNDER THIS TITLE. 20

(G) “LOCAL COMMISSION ” MEANS A LOCAL COMMIS SION ON COMMON 21
OWNERSHIP COMMUNITIES. 22

(H) “OWNER” MEANS: 23

(1) A UNIT OWNER IN A CONDOMINIUM; 24

(2) A MEMBER OF A COOPERATIVE HOUSING CORPORATION; OR 25

(3) A LOT OWNER IN A HOMEOWNERS ASSOCIATION. 26

11C–102. 27

THIS SUBTITLE APPLIES ONLY IN BALTIMORE COUNTY. 28
HOUSE BILL 1529 5

11C–103. 1

(A) A LOCAL COMMISSION EST ABLISHED BY THE COUN TY GOVERNMENT 2
SHALL COMPLY WITH THE REQUIREMENTS OF THIS SUBTITLE. 3

(B) (1) (I) SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH, THE 4
LOCAL COMMISSION SHALL INCLUDE MEMBERS WHO: 5

1. ARE OWNERS IN A COMMON OWNERSHIP COMMUNITY; 6
AND 7

2. REPRESENT PROFESSIONS ASSOCIATED WITH 8
COMMON OWNERSHIP COM MUNITIES, INCLUDING INDIVIDUAL S INVOLVED IN 9
HOUSING DEVELOPMENT OR REAL ESTATE SALES , DEVELOPERS, OR ATTORNEYS 10
WHO REPRESENT COMMON OWNERSHIP COMMUNITIES, INCLUDING AT LEAST O NE 11
MEMBER WHO IS A LICENSED COMMON OWNERSHIP COMMUNITY MANAGER. 12

(II) THE COUNTY EXECUTIVE SHALL DETERMINE THE TOTAL 13
NUMBER OF MEMBERS OF THE LOCAL COMMISSION. 14

(2) THE FOLLOWING INDIVIDUAL S SHALL SERVE AS NON VOTING 15
MEMBERS OF THE LOCAL COMMISSION: 16

(I) A DESIGNEE OF THE COUNTY EXECUTIVE; 17

(II) A DESIGNEE OF THE COUNTY COUNCIL; AND 18

(III) A DESIGNEE OF A COUNTY AGENCY DEALING WITH: 19

1. PLANNING; 20

2. ENVIRONMENT; 21

3. PERMITTING; 22

4. TRANSPORTATION; OR 23

5. HOUSING AND COMMUNITY AFFAIRS. 24

(C) THE CHAIR AND VICE CH AIR OF THE LOCAL COM MISSION SHALL BE 25
ELECTED FROM AMONG THE VOTING MEMBERSHIP OF THE LOCAL COMMISSION. 26

6 HOUSE BILL 1529

(D) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, THE COUNTY 1
EXECUTIVE SHALL ADOP T PROCEDURES FOR THE APPOINTMENT AND TERM S OF 2
MEMBERS OF THE LOCAL COMMISSION. 3

(2) A MEMBER OF THE LOCAL COMMISSION MAY NOT S ERVE MORE 4
THAN TWO CONSECUTIVE TERMS. 5

11C–104. 6

(A) A MAJORITY OF THE TOTAL MEMBERSHIP OF THE LOCAL COMMISSION 7
SHALL CONSTITUTE A QUORUM. 8

(B) THE LOCAL COMMISSION SHALL MEET AT LEAST MONTHLY AND 9
DETERMINE THE TIMES AND PLACES OF ITS MEETINGS. 10

(C) A MEMBER OF THE LOCAL COMMISSION: 11

(1) MAY NOT RECEIVE COMPENSATION AS A MEMBER OF THE LOCAL 12
COMMISSION; BUT 13

(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE 14
STANDARD COUNTY TRAVEL REGULATIONS. 15

(D) (1) THE LOCAL COMMISSION SHALL: 16

(I) ADOPT RULES OF PROFES SIONAL CONDUCT AS 17
APPROPRIATE FOR MEMBERS AND STAFF; 18

(II) KEEP A RECORD OF ITS PROCEEDINGS; 19

(III) EXAMINE THE NEEDS OF COMMON OWNERSHIP 20
COMMUNITIES IN THE COUNTY; 21

(IV) ADVISE THE COUNTY COU NCIL, THE COUNTY EXECUTIVE 22
AND APPROPRIATE STATE AND COUNTY AGEN CIES ON MATTERS RELA TING TO 23
COMMON OWNERSHIP COMMUNITIES; AND 24

(V) PROVIDE TRAINING ON T HE RESPONSIBILITIES OF THE 25
LOCAL COMMISSION ’S MEMBERS TO THE GOV ERNING BODY OF A COM MON 26
OWNERSHIP COMMUNITY BY: 27

1. DEVELOPING AN EDUCATI ONAL CURRICULUM FOR 28
NEW MEMBERS; AND 29
HOUSE BILL 1529 7

2. APPROVING AN ALTERNAT IVE EDU CATIONAL 1
CURRICULUM FOR NEW MEMBERS. 2

(2) THE LOCAL COMMISSION MAY: 3

(I) EMPLOY STAFF AS AUTHORIZED BY THE COUNTY; 4

(II) ESTABLISH A PROCESS F OR RESOLVING DISCIPL INARY 5
MATTERS PENDING BEFO RE THE LOCAL COMMISS ION THROUGH NONJUDIC IAL 6
DISPUTE RESOLUTION PROCESSES; 7

(III) DEVELOP EDUCATIONAL A ND TRAINING OPPORTUN ITIES 8
FOR GOVERNING BODIES; 9

(IV) ADOPT ADDITIONAL BYLA WS NECESSARY TO CARR Y OUT 10
THE BUSINESS OF THE LOCAL COMMISSION; AND 11

(V) ADOPT ANY ADDITIONAL REGULATIONS, PROCEDURES, OR 12
STANDARDS CONSISTENT WITH THE MISSION OF THE LOCAL COMMISSION TO CARRY 13
OUT THE REQUIREMENTS OF THIS TITLE. 14

11C–105. 15

(A) THE LOCAL LAW ESTABLI SHING THE LOCAL COMM ISSION SHALL 16
REQUIRE COMMON OWNERSHIP COMMUNITIES IN THE COUNTY TO REGISTER WITH 17
THE LOCAL COMMISSION ANNUALLY ON A FORM THAT IDENTIFIES: 18

(1) THE ELECTED LEADERSHI P OF THE COMMON OWNE RSHIP 19
COMMUNITY; AND 20

(2) THE MANAGING AGENTS O F THE COMMON OWNERSH IP 21
COMMUNITY. 22

(B) A COMMON OWNERSHIP COM MUNITY THAT FAILS TO REGISTER OR 23
MAKES A F ALSE STATEMENT ON A REGISTRATION FORM IS INELIGIBLE TO FILE A 24
DISPUTE. 25

11C–106. 26

(A) LOCAL LAW ESTABLISHIN G THE LOCAL COMMISSI ON MAY AUTHORIZE 27
THE COLLECTION OF A REASONABLE FEE FOR SERVICES PROVIDED BY THE LOCAL 28
COMMISSION. 29
8 HOUSE BILL 1529

(B) ANY AUTHORIZED FEE SHALL BE USED TO COV ER THE COST OF 1
MAINTAINING THE LOCAL COMMISSION AND MAY INCLUDE: 2

(1) A PER–UNIT ANNUAL CHARGE T O COMMON OWNERSHIP 3
COMMUNITIES TO RENEW REGISTRATION; 4

(2) FEES FOR DISPUTE RESO LUTION UNDER § 11C–110 OF THIS 5
SUBTITLE, SERVICE, AND TECHNICAL ASSISTANCE; AND 6

(3) A PER–UNIT CHARGE TO DEVELOPERS FOR THE RECORDATION OF 7
DOCUMENTS. 8

(C) IF THE COLLECTION OF A FEE BY THE LOCAL C OMMISSION IS 9
AUTHORIZED UNDER THIS SECTION, THE LOCAL COMMISSION SHALL PUBLISH THE 10
FEE SCHEDULE. 11

11C–107. 12

IF THE LOCAL GOVERNME NT ESTABLISHES A LOC AL COMMISSION , THE 13
COUNTY EXECUTIVE SHALL DESIGNATE AN AGENCY OR AN OFFICE TO: 14

(1) DISSEMINATE EDUCATIONAL MATERIALS REGARDING PROGRAMS 15
THAT ASSIST COMMON OWNERSHIP COMMUNITIES; 16

(2) CONDUCT EDUCATIONAL P ROGRAMS TO PROMOTE THE 17
OPERATION OF COMMON OWNERSHIP COMMUNITIES; 18

(3) MAINTAIN A LIST OF: 19

(I) COMMON OWNERSHIP COMM UNITIES IN THE COUNT Y, 20
INCLUDING THE LEADERSHIP OF EACH COMMON OWNERSHIP COMMUNITY; AND 21

(II) PROFESSIONAL MANAGEMENT COMPANIES THAT PR OVIDE 22
SERVICES TO COMMON OWNERSHIP COMMUNITIES IN THE COUNTY; 23

(4) MAINTAIN INFORMATION AND A REFERRAL SYSTE M FOR ALL 24
COUNTY SERVICES RELATED TO COMMON OWNERSHIP COMMUNITIES; 25

(5) MAINTAIN A COLLECTION OF GOVERNING DOCUMENTS; 26

(6) PROVIDE TECHNICAL ASS ISTANCE TO GOVERNING BODIES ON 27
MATTERS INCLUDING: 28
HOUSE BILL 1529 9

(I) LEADERSHIP TRANSITION; 1

(II) ELECTIONS; 2

(III) ADOPTION OF RULES; 3

(IV) ENFORCEMENT OF RULES; 4

(V) SELECTION OF ASSOCIATION MANAGERS; AND 5

(VI) STORMWATER MANAGEMENT; 6

(7) MAINTAIN AN OPERATIONS MANUAL TO GUIDE COMMON 7
OWNERSHIP COMMUNITY LEADERSHIP; 8

(8) ADVISE COMMON OWNERSHIP COMMUNITIES AND PROFESSIONAL 9
ASSOCIATION MANAGERS OF CHANGES IN THE LA WS AND REGULATIONS T HAT 10
AFFECT THEIR COMMUNITIES OR OPERATIONS; AND 11

(9) OPERATE A DISPUTE RESOLUTION P ROCESS TO FURNISH 12
MEDIATION AND ADMINISTRATIVE HEARINGS. 13

11C–108. 11C–107. 14

(A) THE LOCAL COMMISSION MAY HEAR ANY DISPUTE BETWEEN PARTIES. 15

(B) A PARTY MAY NOT FILE A DISPUTE WITH THE LOC AL COMMISSION 16
UNTIL: 17

(1) THE THE PARTY HAS MADE A GOOD FAITH EF FORT TO EXHAUST 18
ALL PROCEDURES AND R EMEDIES PROVIDED BY THE GOVERNING DOCUMENTS OF 19
THE COMMON OWNERSHIP COMMUNITY; AND 20

(2) AT LEAST 60 DAYS AFTER ANY PROCEDURE OR REMEDY HAS BEEN 21
INITIATED WITH THE GOVERNING BODY OF A COMMON OWNERSHIP COMMUNITY. 22

(C) (1) IF THE GOVERNING BODY OF A COMMON OWNERSHIP COMMUNITY 23
DETERMINES THAT A DI SPUTE EXISTS , THE GOVERNING BODY O F THE COMMON 24
OWNERSHIP COMMUNITY SHALL NOTIFY THE OTH ER PARTIES OF THE OP TION TO 25
FILE THE DISPUTE WITH THE LOCAL COMMISSION. 26

10 HOUSE BILL 1529

(2) THE GOVERNING BODY OF A COMMON OWNERSHIP C OMMUNITY 1
MAY NOT TAKE ACTION TO ENFORCE OR IMPLEM ENT THE DECISION OF THE 2
GOVERNING BODY FOR 14 DAYS FOLLOWING NOTIFICATION OF ALL OTHER PARTIES. 3

(D) EXCEPT AS PROVIDED IN § 11C–109 OF THIS TITLE, ON THE FILING OF 4
A DISPUTE WITH THE LOCAL COMMISSION, THE DECISION OF THE GOVERNING BODY 5
OF A COMMON OWNERSHI P COMMUNITY SHALL BE STAYED AND MAY NOT B E 6
ENFORCED OR IMPLEMENTED, OTHER THAN BY FILING A CIVIL ACTION, UNTIL THE 7
COMPLETION OF THE DISPUTE PROCESS. 8

11C–109. 9

(A) (1) AT ANY TIME AFTER A D ISPUTE IS FILED, THE GOVERNING BODY 10
OF A COMMON OWNERSHI P COMMUNITY MAY SUBM IT A REQUEST TO LIFT AN 11
AUTOMATIC STAY UNDER § 11C–108 OF THIS TITLE. 12

(2) IF A HEARING PANEL HA S NOT BEEN APPOINTED UNDER § 13
11C–112 OF THIS TITLE , THE LOCAL COMMISSION SHALL AUTHORIZE A SP ECIAL 14
STANDING PANEL TO CONSIDER REQUESTS FOR RELIEF FROM STAYS. 15

(3) THE SPECIAL PANEL SHALL INCLUDE: 16

(I) THREE VOTING MEMBERS OF THE LOCAL COMMISS ION 17
DESIGNATED BY THE CHAIR; AND 18

(II) AT L EAST ONE MEMBER DESC RIBED UNDER § 19
11C–103(B)(1)(I)1 OF THIS TITLE AND AT LEAST ONE MEMBER DESCRIBED UNDER § 20
11C–103(B)(1)(I)2 OF THIS TITLE. 21

(B) (1) A GOVERNING BODY OF A COMMON OWNERSHIP COM MUNITY 22
THAT REQUESTS RELIEF FROM A STAY SHALL SERVE A COPY OF ITS REQUEST ON ANY 23
PARTY NAMED IN THE DISPUTE BY CERTIFIED MAIL OR PERSONAL SERVICE. 24

(2) A CERTIFICATE OF SERVI CE SHALL ACCOMPANY A NY REQUEST 25
SUBMITTED UNDER THIS SECTION. 26

(3) A PARTY SERVED WITH A COPY OF THE REQUEST SHALL FILE ANY 27
OPPOSITION TO THE REQUEST WITHIN 10 DAYS AFTER RECEIVING SERVICE. 28

(C) EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION, A REQUEST 29
FOR RELIEF FROM A ST AY MAY BE GRANTED ON LY IF THE ASSIGNED P ANEL FINDS 30
THAT: 31

HOUSE BILL 1529 11

(1) ENFORCING THE STAY WO ULD RESULT IN UNDUE HARM TO THE 1
COMMON OWNERSHIP COMMUNITY; AND 2

(2) LIFTING THE STAY WILL NOT RESULT IN UNDUE HARM TO THE 3
RIGHTS OR INTERESTS OF ANY OPPOSING PARTY. 4

(D) IF A REQUEST FOR RELIEF FROM A STAY STATING FACTS SUFFICIENT TO 5
SHOW A NEED FOR IMMEDIATE ACTION IS NOT GRANTED OR DENIED WITHIN 20 DAYS 6
AFTER THE REQUEST WAS FILED, THE REQUEST SHALL BE DEEMED GRANTED. 7

11C–110. 8

(A) (1) FOLLOWING THE FILING OF A DISPUTE WITH TH E LOCAL 9
COMMISSION, AN AGENCY DESIGNATED BY THE COUNTY UNDER § 10
11C–107 OF THIS TITLE MAY IN VESTIGATE FAC TS AND ASSEMBLE DOCU MENTS 11
RELEVANT TO THE DISPUTE AND MAY PREPARE A SUMMARY OF THE ISSUES IN THE 12
DISPUTE FOR USE BY THE LOCAL COMMISSION. 13

(2) THE DESIGNATED AGENCY OR OFFICE MAY NOTIFY A PARTY IF 14
THE DESIGNATED AGENCY OR OFFICE FINDS TH AT A DISPUTE WAS NOT PROPERLY 15
FILED. 16

(3) THE DESIGNATED AGENCY OR OFFICE MAY NOTIFY EACH PARTY 17
OF THE DISPUTE REGAR DING POSSIBLE SANCTI ONS UNDER § 11C–112 OF THIS 18
TITLE. 19

(B) IF THE DESIGNATED AGE NCY OR OFFICE FINDS THAT, ASSUMING ALL 20
FACTS ALLEGED BY THE PARTY THAT FILED THE DISPUTE ARE TRUE, THERE ARE NO 21
REASONABLE GROUNDS TO CONCLUDE THAT A VIOLATION OF APPLICABLE LAW OR 22
ANY GOVERNING DOCUMENT HAS OCCURRED, THE DESIGNATED AGENCY OR OFFICE 23
SHALL INFORM THE LOCAL COMMISSION. 24

(C) ON RECEIPT OF THE RESULTS OF AN INVESTIGATION BY A DESIGNATED 25
AGENCY OR OFFICE, THE LOCAL COMMISSION MAY: 26

(1) IF IT FINDS THAT THER E ARE NO REASONABLE GROUNDS TO 27
CONCLUDE THAT A VIOLATION OF APPLICABLE LAW OR ANY GOVERNING DOCUMENT 28
HAS OCCURRED, DISMISS THE DISPUTE; 29

(2) REQUEST ADDITIONA L INVESTIGATION BY T HE DESIGNATED 30
AGENCY OR OFFICE; OR 31

(3) SCHEDULE A HEARING ON THE DISPUTE. 32
12 HOUSE BILL 1529

(D) THE LOCAL COMMISSION MAY RECONSIDER THE D ISMISSAL OF A 1
DISPUTE IF ANY PARTY FILES A MOTION TO RE CONSIDER WITHIN 30 DAYS AFTER 2
THE DISPUTE IS DISMISSED, DEMONSTRATING THAT: 3

(1) THE LOCAL COMMISSION ERRONEOUSLY INTERPRE TED OR 4
APPLIED APPLICABLE LAW OR A GOVERNING DOCUMENT; OR 5

(2) MATERIAL ISSUES OF FA CT THAT ARE NECESSAR Y TO A FAIR 6
RESOLUTION OF THE DISPUTE REMAIN UNRESOLVED. 7

11C–111. 8

(A) (1) ANY PARTY IN A DISPUTE MAY REQUEST MEDIATION. 9

(2) IF A PARTY REQUESTS M EDIATION, THE LOCAL COMMISSION 10
SHALL NOTIFY ALL PARTIES OF THE REQUEST AND OF THE MEDIATION SESSION. 11

(3) THE LOCAL COMMISSION SHALL PROVIDE A QUAL IFIED 12
MEDIATOR TO MEET WITH THE PARTIES WITHIN 30 DAYS AFTER A PARTY REQUESTS 13
MEDIATION TO ATTEMPT TO SETTLE THE DISPUTE. 14

(B) IF A PARTY REFUSES TO ATTEND A MEDIATION S ESSION, OR IF 15
MEDIATION DOES NOT S UCCESSFULLY RESOLVE THE DISPUTE WITHIN 10 DAYS 16
AFTER THE FIRST MEDI ATION SESSION IS HEL D, THE LOCAL COMMISSION SHALL 17
PROMPTLY SCHEDULE A HEARING. 18

11C–112. 19

(A) (1) IF A HEARING IS SCHED ULED, THE CHAIR OF THE LOC AL 20
COMMISSION SHALL CONVENE A PANEL TO HEAR THE DISPUTE. 21

(2) THE CHAIR SHALL SELEC T AT LEAST ONE MEMBE R DESCRIBED 22
UNDER § 11C–103(B)(1)(I)1 OF THIS TITLE AND AT LEAST ONE MEMBER DESCRIBED 23
UNDER § 11C–103(B)(1)(I)2 OF THIS TITLE. 24

(3) THE LOCAL COMMISSION MEMBERS SELECTED BY THE CHAIR 25
SHALL DESIGNATE A TH IRD MEMBER OF THE PA NEL FROM A LIST OF V OLUNTEER 26
ARBITRATORS TRAINED OR EXPERIENCED IN COMMO N OWNERSHIP COMMUNIT Y 27
ISSUES MAINTAINED BY THE LOCAL COMMISSION. 28

(4) IF A SUITABLE ARBITRA TOR IS NOT AVAILABLE , THE CHAIR OF 29
THE LOCAL COMMISSION SHALL DESIGNATE: 30
HOUSE BILL 1529 13

(I) A THIRD PANELIST FROM AMONG THE VOTING MEMBERS OF 1
THE LOCAL COMMISSION; AND 2

(II) THE CHAIR OF THE PANEL. 3

(B) A PANELIST MAY NOT HAVE AN INTEREST IN THE DISPUTE TO BE HEARD. 4

(C) A HEARING PANEL SHALL HOLD A HEARING ON EACH DISPUTE THAT IS 5
NOT RESOLVED THROUGH MEDIATION UNDER § 11C–111 OF THIS TITLE UNLESS THE 6
LOCAL COMMISSION DETERMINES THAT THE DISPUTE IS: 7

(1) IDENTICAL TO ANOTHER DISPUTE BETWEEN THE SAME PARTIES 8
ON WHICH A HEARING HAS ALREADY BEEN HELD UNDER THIS SECTION; OR 9

(2) CLEARLY NOT WITHIN TH E JURISDICTION OF TH E LOCAL 10
COMMISSION. 11

(D) THE LOCAL COMMISSION SHALL PROVIDE NOTICE OF A HEARING TO ALL 12
PARTIES NOT LESS THA N 30 DAYS BEFORE A HEARIN G, UNLESS THE LOCAL 13
COMMISSION DETERMINES THAT AN EXPEDITED HEARING IS NECESSARY, IN WHICH 14
CASE NOTICE SHALL BE PROVIDED TO ALL PART IES AT LEAST 15 DAYS BEFORE A 15
HEARING. 16

(E) A PARTY OR WITNESS MAY BE ADVISED BY COUNSEL AT A HEARING. 17

(F) IF A PARTY , AFTER PROPER NOTICE , DOES NOT APPEAR AT T HE 18
SCHEDULED HEARING, THE HEARING PANEL MAY ORDER ANY RELIEF FOR ANOTHER 19
PARTY THAT THE FACTS ON RECORD WARRANT. 20

(G) (1) THE HEARING PANEL SHA LL APPLY STATE AND COUNTY LAWS 21
AND ALL RELEVANT CASE LAW TO THE FACTS OF THE DISPUTE. 22

(2) A DECISION OF THE HEARING PANEL IS BINDING ON THE PARTIES. 23

(H) (1) THE LOCAL COMMISSION MAY ENFORCE A DECISI ON OF THE 24
HEARING PANEL BY APPROPRIATE LEGAL ACTION. 25

(2) IN ADDITION TO ANY OT HER ENFORCEMENT ACTION, THE LOCAL 26
COMMISSION MAY: 27

(I) FILE FOR INJUNCTIVE R ELIEF TO ENFORCE OR CORRECT 28
ANY VIOLATION OF THIS TITLE; AND 29
14 HOUSE BILL 1529

(II) FILE TO RECOVER DAMAG ES FOR A LOSS SUSTAI NED AS A 1
RESULT OF A VIOLATION OF THIS TITLE. 2

(I) A HEARING PANEL MAY AW ARD COSTS , INCLUDING REASONABLE 3
ATTORNEY’S FEES, TO ANY PARTY IF ANY OTHER PARTY: 4

(1) FILED OR MAINTAINED A FRIVOLOUS DISPUTE , OR FILED OR 5
MAINTAINED A DISPUTE IN BAD FAITH; 6

(2) REFUSED TO PARTICIPATE IN MEDIATION OF A DISPUTE; OR 7

(3) SUBSTANTIALLY DELAYED OR HINDERED THE DISP UTE 8
RESOLUTION PROCESS WITHOUT GOOD CAUSE. 9

(J) A HEARING PANEL MAY REQUIRE A LOSING PARTY IN A DISPUTE TO PAY 10
ALL OR PART OF ANY FILING FEE. 11

(K) THE LOCAL GOVERNMENT MAY: 12

(1) ESTABLISH ADDITIONAL HEARING PROCEDURES; AND 13

(2) ADOPT ADDITIONAL REQU IREMENTS RELATING TO WITNESSES 14
AND EVIDENCE FOR A HEARING. 15

11C–113. 16

(A) A PARTY MAY APPEAL A DECISION OF A HEARING PANEL TO A COURT OF 17
COMPETENT JURISDICTION. 18

(B) AN APPEAL OF A DECISI ON SHALL BE CONSOLID ATED WITH ANY CASE 19
THAT ARISES OUT OF THE SAME FACTS. 20

(C) THE COURT HEARING AN APPEAL SHALL SUSTAIN THE DECISION OF THE 21
HEARING PANEL UNLESS THE DECISION IS: 22

(1) INCONSISTENT WITH APPLICABLE LAW; 23

(2) LACKING SUBSTANTIAL EVIDENCE; OR 24

(3) ARBITRARY AND CAPRICIOUS. 25

11C–114. 26
HOUSE BILL 1529 15

(A) A PARTY MAY FILE A CIV IL ACTION ARISING OU T OF A GOVERNING 1
DOCUMENT OR A LAW RE GULATING THE POWERS OF A GOVERNING BODY OF A 2
COMMON OWNERSHIP COMMUNITY. 3

(B) IF THE COURT IS NOTIFIED THAT A DISPUTE HAS BEEN FILED WITH THE 4
LOCAL COMMISSION IN ACCORDANCE WITH THIS TITLE, THE COURT MAY POSTPONE 5
A PROCEEDING FOR AT LEAST 90 DAYS. 6

(C) THE COURT MAY HEAR TH E ACTION DE NOVO IF A HEARING PANEL 7
ASSIGNED TO THE DISPUTE HAS NOT ISSUED A DECISION UNDER § 11C–112 OF THIS 8
TITLE. 9

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
October 1, 2026. 11

Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.