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*sb0573*
SENATE BILL 573
N1 6lr3286
SB 728/25 – JPR CF HB 913
By: Charles County Senators
Introduced and read first time: February 4, 2026
Assigned to: Judicial Proceedings
Committee Report: Favorable
Senate action: Adopted
Read second time: March 2, 2026
CHAPTER ______
AN ACT concerning 1
Charles County – Governing Bodies of Common Ownership Communities – 2
Member Training 3
FOR the purpose of requiring each member of a board of directors or officer of a council of 4
unit owners of a condominium in Charles County and each member of a governing 5
body of a homeowners association in Charles County to successfully complete a 6
certain training curriculum in a certain manner and subject to certain requirements; 7
and generally relating to members of governing bodies of condominiums and 8
homeowners associations in Charles County. 9
BY repealing and reenacting, with amendments, 10
Article – Real Property 11
Section 11–109 and 11B–106.1(g) 12
Annotated Code of Maryland 13
(2023 Replacement Volume and 2025 Supplement) 14
BY repealing and reenacting, without amendments, 15
Article – Real Property 16
Section 11B–106.1(a) 17
Annotated Code of Maryland 18
(2023 Replacement Volume and 2025 Supplement) 19
BY adding to 20
Article – Real Property 21
Section 11B–106.1(g) 22
2 SENATE BILL 573
Annotated Code of Maryland 1
(2023 Replacement Volume and 2025 Supplement) 2
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
That the Laws of Maryland read as follows: 4
Article – Real Property 5
11–109. 6
(a) The affairs of the condominium shall be governed by a council of unit owners 7
which, even if unincorporated, is constituted a legal entity for all purposes. The council of 8
unit owners shall be comprised of all unit owners. 9
(b) The bylaws may authorize or provide for the delegation of any power of the 10
council of unit owners to a board of directors, officers, managing agent, or other person for 11
the purpose of carrying out the responsibilities of the council of unit owners. 12
(C) (1) THIS SUBSECTION APPLIES ONLY IN CHARLES COUNTY. 13
(2) EACH MEMBER OF A BOAR D OF DIRECTORS OR AN OFFICER OF A 14
COUNCIL OF UNIT OWNE RS SHALL SUCCESSFULL Y COMPLETE A TRAININ G 15
CURRICULUM ON THE RE SPONSIBILITIES OF BE ING A MEMBER OR AN O FFICER 16
DEVELOPED BY: 17
(I) A COMMON OWNERSHIP COMMISSION RECOGNIZED BY THE 18
STATE OR A LOCAL GOVERNMENT; OR 19
(II) AN ORGANIZATION APPRO VED TO ADMINISTER TH E 20
TRAINING CURRICULUM BY A RECOGNIZED COMMON OWNERSHIP COMMISSION. 21
(3) EACH MEMBER OF THE BOARD OF DIRECTORS OR OFFICER OF THE 22
COUNCIL OF UNIT OWNE RS SHALL SUCCESSFULL Y COMPLETE THE TRAIN ING 23
CURRICULUM REQUIRED UNDER THIS SUBSECTIO N WITHIN 90 DAYS AFTER THE 24
INDIVIDUAL: 25
(I) IS FIRST ELECTED OR APPOINTED TO THE OFFICE; OR 26
(II) FOR AN INDIVIDUAL WHO IS IN OFFICE ON OCTOBER 1, 27
2025, BEGINS A SUBSEQUENT TERM AS A MEMBER OF THE BOARD OF DIRECTORS OR 28
AN OFFICER OF THE COUNCIL OF UNIT OWNERS. 29
(4) (I) THE BOARD OF DIRECTORS OR OFFICERS OF THE COUNCIL 30
OF UNIT OWNERS SHALL: 31
SENATE BILL 573 3
1. CERTIFY THAT EACH MEM BER OR OF FICER 1
SUCCESSFULLY COMPLETES THE TRAINING CURR ICULUM REQUIRED UNDE R THIS 2
SUBSECTION; 3
2. RETAIN A COPY OF THE CERTIFICATE OF 4
COMPLETION OF EACH MEMBER OR OFFICER; AND 5
3. WITHIN 90 DAYS AFTER THE CERTIFICATION OF THE 6
MEMBER OR OFFICER, REPORT TO THE COMMON OWNERSHIP COMMISSION ON THE 7
CERTIFICATION. 8
(II) A CERTIFICATE OF COMPL ETION ISSUED UNDER T HIS 9
PARAGRAPH SHALL BE VALID FOR 3 YEARS. 10
(III) AN INDIVIDUAL WHO REMAINS A MEMBER OF THE BOARD OF 11
DIRECTORS OR AN OFFI CER OF THE COUNCIL O F UNIT OWN ERS AT THE TIME THE 12
CERTIFICATE EXPIRES SHALL RENEW THE CERT IFICATION BY SUCCESS FULLY 13
COMPLETING THE TRAINING REQUIRED UNDER THIS SUBSECTION. 14
(5) IF A MEMBER OF THE BO ARD OF DIRECTORS OR AN OFFICER OF 15
THE COUNCIL OF UNIT OWNERS DOES NOT SUCC ESSFULLY COM PLETE THE 16
TRAINING REQUIRED UNDER THIS SUBSECTION, THE BOARD OF DIRECTORS OR THE 17
COUNCIL OF UNIT OWNERS MAY: 18
(I) REMOVE THE INDIVIDUAL FROM THE OFFICE; OR 19
(II) INVALIDATE A VOTE OF THE INDIVIDUAL. 20
[(c)] (D) (1) A meeting of the council of unit owners or board of directors may 21
not be held on less notice than required by this section. 22
(2) The council of unit owners shall maintain a current roster of names and 23
addresses of each unit owner to which notice of meetings of the board of directors shall be 24
sent at least annually. 25
(3) Each unit owner shall furnish the council of unit owners with his name 26
and current mailing address. A unit owner may not vote at meetings of the council of unit 27
owners until this information is furnished. 28
(4) A regular or special meeting of the council of unit owners may not be 29
held on less than 10 nor more than 90 days’: 30
(i) Written notice delivered or mailed to each unit owner at the 31
address shown on the roster on the date of the notice; or 32
4 SENATE BILL 573
(ii) Notice sent to each unit owner by electronic transmission, if the 1
requirements of § 11–139.1 of this title are met. 2
(5) Notice of special meetings of the board of directors shall be given: 3
(i) As provided in the bylaws; or 4
(ii) If the requirements of § 11 –139.1 of this title are met, by 5
electronic transmission. 6
(6) Except as provided in § 11–109.1 of this title, a meeting of a governing 7
body shall be open and held at a time and location as provided in the notice or bylaws. 8
(7) (i) This paragraph does not apply to any meeting of the governing 9
body that occurs at any time before the meeting at which the unit owners elect officers or a 10
board of directors in accordance with paragraph (16) of this subsection. 11
(ii) Subject to subparagraph (iii) of this paragraph and to reasonable 12
rules adopted by the governing body under § 11 –111 of this title, a governing body shall 13
provide a designated period of time during a meeting to allow unit owners an opportunity 14
to comment on any matter relating to the condominium. 15
(iii) During a meeting at which the agenda is limited to specific topics 16
or at a special meeting, the unit owners’ comments may be limited to the topics listed on 17
the meeting agenda. 18
(iv) The governing body shall convene at least one meeting each year 19
at which the agenda is open to any matter relating to the condominium. 20
(8) (i) Unless the bylaws provide otherwise, a quorum is deemed 21
present throughout any meeting of the council of unit owners if persons entitled to cast 25 22
percent of the total n umber of votes appurtenant to all units are present in person or by 23
proxy. 24
(ii) If the number of persons present in person or by proxy at a 25
properly called meeting of the council of unit owners is insufficient to constitute a quorum, 26
an additional meeting of the council of unit owners may be called for the same purpose if: 27
1. The notice of the initial properly called meeting stated: 28
A. That the procedure authorized by this paragraph might be 29
invoked; and 30
B. The date, time, and place of the additional meeting; and 31
2. A majority of the unit owners present vote in person or by 32
proxy to call for the additional meeting. 33
SENATE BILL 573 5
(iii) 1. An additional meeting called under subparagraph (ii) of 1
this paragraph shall occur not less than 15 days after the initial properly called meeting. 2
2. Not less than 10 days before the additional meeting, a 3
separate and distinct notice of the date, time, place, and purpose of the additional meeting 4
called under subparagraph (ii) of this paragraph shall be: 5
A. Delivered, mailed, or sent by electronic transmission if the 6
requirements of § 11–139.1 of this title are met, to each unit owner at the address shown 7
on the roster maintained under paragraph (2) of this subsection; 8
B. Advertised in a newspaper published in the county where 9
the condominium is located; or 10
C. If the condominium has a website, posted on the homepage 11
of the website. 12
3. The notice shall contain the quorum and voting provisions 13
of subparagraph (iv) of this paragraph. 14
(iv) 1. At the additional meeting, the unit owners present in 15
person or by proxy constitute a quorum. 16
2. Unless the bylaws provide otherwise, a majority of the 17
unit owners present in person or by proxy: 18
A. May approve or authorize the proposed act ion at the 19
additional meeting; and 20
B. May take any other action that could have been taken at 21
the original meeting if a sufficient number of unit owners had been present. 22
(v) This paragraph may not be construed to affect the percentage of 23
votes required to amend the declaration or bylaws or to take any other action required to 24
be taken by a specified percentage of votes. 25
(9) At meetings of the council of unit owners each unit owner shall be 26
entitled to cast the number of votes appurtenant to his unit. Unit owners may vote by proxy, 27
but the proxy is effective only for a maximum period of 180 days following its issuance, 28
unless granted to a lessee or mortgagee. 29
(10) Any proxy may be revoked at any time at the pleasure of the unit owner 30
or unit owners executing the proxy. 31
(11) A proxy who is not appointed to vote as directed by a unit owner may 32
only be appointed for purposes of meeting quorums and to vote for matters of business 33
6 SENATE BILL 573
before the council of unit owners, other than an election of off icers and members of the 1
board of directors. 2
(12) Only a unit owner voting in person or by electronic transmission if the 3
requirements of § 11–139.2 of this title are met or a proxy voting for candidates designated 4
by a unit owner may vote for officers and members of the board of directors. 5
(13) Unless otherwise provided in the bylaws, a unit owner may nominate 6
himself or any other person to be an officer or member of the board of directors. A call for 7
nominations shall be sent to all unit owners not less than 45 days before notice of an election 8
is sent. Only nominations made at least 15 days before notice of an election shall be listed 9
on the election ballot. Candidates shall be listed on the ballot in alphabetical order, with 10
no indicated candidate preference. Nominations may be made from the floor at the meeting 11
at which the election to the board is held. 12
(14) Election materials prepared with funds of the council of unit owners 13
shall list candidates in alphabetical order and may not indicate a candidate preference. 14
(15) Unless otherwise provided in this title, and subject to provisions in the 15
bylaws requiring a different majority, decisions of the council of unit owners shall be made 16
on a majority of votes of the unit owners listed on the current roster present and voting. 17
(16) (i) A meeting of the council of unit owners to elect a board of 18
directors for the council of unit owners, as provided in the condominium declaration or 19
bylaws, shall be held within: 20
1. 60 days from the date that u nits representing 50 percent 21
of the votes in the condominium have been conveyed by the developer to members of the 22
public for residential purposes; or 23
2. If a lesser percentage is specified in the declaration or 24
bylaws of the condominium, 60 days from the date the specified lesser percentage of units 25
in the condominium are sold to members of the public for residential purposes. 26
(ii) 1. Before the date of the meeting held under subparagraph 27
(i) of this paragraph, the developer shall deliver to each unit owner notice that the 28
requirements of subparagraph (i) of this paragraph have been met. 29
2. The notice shall include the date, time, and place of the 30
meeting to elect the board of directors for the council of unit owners. 31
(iii) If a replacement board member is elected, the term of each 32
member of the board of directors appointed by the developer shall end 10 days after the 33
meeting is held as specified in subparagraph (i) of this paragraph. 34
(iv) Within 30 days from the date of the m eeting held under 35
subparagraph (i) of this paragraph, the developer shall deliver to the officers or board of 36
SENATE BILL 573 7
directors for the council of unit owners, as provided in the condominium declaration or 1
bylaws, at the developer’s expense: 2
1. The documents specified in § 11–132 of this title; 3
2. The condominium funds, including operating funds, 4
replacement reserves, investment accounts, and working capital; 5
3. The tangible property of the condominium; and 6
4. A roster of current unit owners, in cluding mailing 7
addresses, telephone numbers, and unit numbers, if known. 8
(v) The replacement reserves delivered under subparagraph (iv)2 of 9
this paragraph for a residential condominium shall be equal to at least the reserve funding 10
amount recommended in the reserve study completed under § 11 –109.4 of this title as of 11
the date of the meeting. 12
(vi) 1. This subparagraph does not apply to a contract entered 13
into before October 1, 2009. 14
2. A. In this subparagraph, “contract” means an 15
agreement with a company or individual to handle financial matters, maintenance, or 16
services for the condominium. 17
B. “Contract” does not include an agreement relating to the 18
provision of utility services or communication systems. 19
3. Until all members of the bo ard of directors of the 20
condominium are elected by the unit owners at a transitional meeting as specified in 21
subparagraph (i) of this paragraph, a contract entered into by the officers or board of 22
directors of the condominium may be terminated, at the discretion of the board of directors 23
and without liability for the termination, not later than 30 days after notice. 24
(vii) If the developer fails to comply with the requirements of this 25
paragraph, an aggrieved unit owner may submit the dispute to the Divis ion of Consumer 26
Protection of the Office of the Attorney General under § 11–130(c) of this title. 27
(17) (i) Elections, including the collection and counting of ballots and the 28
certifying of results, for officers or members of the governing body other tha n the full 29
membership of the council of unit owners shall be conducted by independent parties who: 30
1. Are not candidates in the election; and 31
2. Do not have a conflict of interest regarding any candidate 32
in the election. 33
8 SENATE BILL 573
(ii) A unit owner is an independent party if the unit owner: 1
1. Complies with the requirements of this section; 2
2. Does not electioneer for any candidate; and 3
3. Is not subject to an objection by more than 25 percent of 4
the eligible voting members of the council of unit owners. 5
(iii) Unless property management for a condominium is owned by the 6
condominium, or a parent association of the condominium, representatives of the 7
condominium’s property management are not independent parties. 8
(18) The governing bod y may retain a third –party vendor or employ a 9
commercial technology platform to conduct an election. 10
(19) Individuals conducting an election shall make reasonable efforts to 11
ensure that the election is fair and that there is accountability for the proce ss and the 12
results of the election. 13
(20) A unit owner designated to conduct an election who acts in good faith 14
is not personally liable in connection with the conduct of the election. 15
(21) (i) The governing body shall make reasonable accommodations, 16
including reasonable use of any portion of common areas, for unit owners to engage in 17
organizing activities relating to governance of the condominium. 18
(ii) The governing body may not prevent unit owners from or 19
retaliate against unit owners for exercis ing rights guaranteed under law or under the 20
governing documents of the condominium. 21
(22) Provisions of the governing documents, rules, or regulations of a 22
condominium relating to the conduct of elections that are inconsistent with the 23
requirements of this section are unenforceable and void. 24
[(d)] (E) The council of unit owners may be either incorporated as a nonstock 25
corporation or unincorporated and it is subject to those provisions of Title 5, Subtitle 2 of 26
the Corporations and Associations Article which are not inconsistent with this title. The 27
council of unit owners has, subject to any provision of this title, and except as provided in 28
item (22) of this subsection, the declaration, and bylaws, the following powers: 29
(1) To have perpetual existence, subject to the right of the unit owners to 30
terminate the condominium regime as provided in § 11–123 of this title; 31
(2) To adopt and amend reasonable rules and regulations; 32
SENATE BILL 573 9
(3) To adopt and amend budgets for revenues, expenditures, and rese rves 1
and collect assessments for common expenses from unit owners; 2
(4) To sue and be sued, complain and defend, or intervene in litigation or 3
administrative proceedings in its own name on behalf of itself or two or more unit owners 4
on matters affecting the condominium; 5
(5) To transact its business, carry on its operations and exercise the powers 6
provided in this subsection in any state, territory, district, or possession of the United 7
States and in any foreign country; 8
(6) To make contracts and guarantees, incur liabilities and borrow money, 9
sell, mortgage, lease, pledge, exchange, convey, transfer, and otherwise dispose of any part 10
of its property and assets; 11
(7) To issue bonds, notes, and other obligations and secure the same by 12
mortgage or deed of trust of any part of its property, franchises, and income; 13
(8) To acquire by purchase or in any other manner, to take, receive, own, 14
hold, use, employ, improve, and otherwise deal with any property, real or personal, or any 15
interest therein, wherever located; 16
(9) To hire and terminate managing agents and other employees, agents, 17
and independent contractors; 18
(10) To purchase, take, receive, subscribe for or otherwise acquire, own, 19
hold, vote, use, employ, sell, mortgage, loan, pledge or otherwi se dispose of, and otherwise 20
use and deal in and with, shares or other interests in, or obligation of corporations of the 21
State, or foreign corporations, and of associations, partnerships, and individuals; 22
(11) To invest its funds and to lend money in a ny manner appropriate to 23
enable it to carry on the operations or to fulfill the purposes named in the declaration or 24
bylaws, and to take and to hold real and personal property as security for the payment of 25
funds so invested or loaned; 26
(12) To regulate the use, maintenance, repair, replacement, and 27
modification of common elements; 28
(13) To cause additional improvements to be made as a part of the general 29
common elements; 30
(14) To grant easements, rights–of–way, licenses, leases in excess of 1 year, 31
or similar interests through or over the common elements in accordance with § 11 –125(f) 32
of this title; 33
(15) To impose and receive any payments, fees, or charges for the use, rental, 34
or operation of the common elements other than limited common elements; 35
10 SENATE BILL 573
(16) To impose charges for late payment of assessments and, after notice 1
and an opportunity to be heard, levy reasonable fines for violations of the declaration, 2
bylaws, and rules and regulations of the council of unit owners, under § 11–113 of this title; 3
(17) To impose reasonable charges for the preparation and recordation of 4
amendments to the declaration, bylaws, rules, regulations, or resolutions, resale 5
certificates, or statements of unpaid assessments; 6
(18) To provide for the indemnification of and maintain liability insurance 7
for officers, directors, and any managing agent or other employee charged with the 8
operation or maintenance of the condominium; 9
(19) To enforce the implied warranties made to the council of unit owners by 10
the developer under § 11–131 of this title; 11
(20) To enforce the provisions of this title, the declaration, bylaws, and rules 12
and regulations of the council of unit owners against any unit owner or occupant; 13
(21) Generally, to exercise the powers set forth in thi s title and the 14
declaration or bylaws and to do every other act not inconsistent with law, which may be 15
appropriate to promote and attain the purposes set forth in this title, the declaration or 16
bylaws; and 17
(22) To designate parking for individuals with disabilities, notwithstanding 18
any provision in the declaration, bylaws, or rules and regulations. 19
[(e)] (F) A unit owner may not have any right, title, or interest in any property 20
owned by the council of unit owners other than as holder of a percentage interest in common 21
expenses and common profits appurtenant to his unit. 22
[(f)] (G) A unit owner’s rights as holder of a percentage interest in common 23
expenses and common profits are such that: 24
(1) A unit owner’s right to possess, use, or enjoy property of the council of 25
unit owners shall be as provided in the bylaws; and 26
(2) A unit owner’s interest in the property is not assignable or attachable 27
separate from his unit except as provided in §§ 11–107(d) and 11–112(g) of this title. 28
11B–106.1. 29
(a) A meeting of the members of the homeowners association to elect a governing 30
body of the homeowners association shall be held within: 31
SENATE BILL 573 11
(1) 60 days from the date that at least 75% of the total number of lots that 1
may be part of the development after all pha ses are complete are sold to members of the 2
public for residential purposes; or 3
(2) If a lesser percentage is specified in the governing documents of the 4
homeowners association, 60 days from the date the specified lesser percentage of the total 5
number of lots in the development after all phases are complete are sold to members of the 6
public for residential purposes. 7
(G) (1) THIS SUBSECTION APPLIES ONLY IN CHARLES COUNTY. 8
(2) EACH MEMBER OF THE GOVERNING BODY SHALL SUCCESSFULLY 9
COMPLETE A TRAINING CURRICULUM ON THE RESPONSIBILITIES OF A MEMBER OF 10
THE GOVERNING BODY DEVELOPED BY: 11
(I) A COMMON OWNERSHIP COMMISSION RECOGNIZED BY THE 12
STATE OR A LOCAL GOVERNMENT; OR 13
(II) AN ORGANIZATION APPRO VED TO ADMINISTER TH E 14
TRAINING CURRICULUM BY A RECOGNIZED COMMON OWNERSHIP COMMISSION. 15
(3) EACH MEMBER OF THE GOVERNING BODY SHALL SUCCESSFULLY 16
COMPLETE THE TRAININ G CURRICULUM REQUIRE D UNDER THIS SUBSECT ION 17
WITHIN 90 DAYS AFTER THE INDIVIDUAL: 18
(I) IS FIRST ELECTED OR A PPOINTED TO THE GOVE RNING 19
BODY; OR 20
(II) FOR A MEMBER WHO IS I N OFFICE ON OCTOBER 1, 2025, 21
BEGINS A SUBSEQUENT TERM AS A MEMBER OF THE GOVERNING BODY. 22
(4) (I) THE GOVERNING BODY SHALL: 23
1. CERTIFY THAT EACH MEM BER SUCCESSFULLY 24
COMPLETES THE TRAINING CURRICULUM REQUIRED UNDER THIS SUBSECTION; 25
2. RETAIN A COPY OF THE CERTIFICATE OF 26
COMPLETION OF EACH MEMBER; AND 27
3. WITHIN 90 DAYS AFTER THE CERTIFICATION OF THE 28
MEMBER, REPORT TO THE COMMON OWNERSHIP COMMISSION ON THE 29
CERTIFICATION. 30
12 SENATE BILL 573
(II) A CERTIFICATE OF COMPL ETION ISSUED UNDER THIS 1
PARAGRAPH SHALL BE VALID FOR 3 YEARS. 2
(III) IF A MEMBER OF THE GO VERNING BODY REMAINS A 3
MEMBER OF THE GOVERN ING BODY AT THE TIME THE CERTIFICATE EXPIRES, THE 4
MEMBER SHALL RENEW T HE CERTIFICATION BY SUCCESSFULLY COMPLETING THE 5
TRAINING REQUIRED UNDER THIS SUBSECTION. 6
(5) IF A MEMBER OF THE GO VERNING BODY DOES NO T 7
SUCCESSFULLY COMPLET E THE TRAINING REQUI RED UNDER THIS SUBSE CTION, 8
THE GOVERNING BODY MAY: 9
(I) REMOVE THE MEMBER FROM THE GOVERNING BODY; OR 10
(II) INVALIDATE A VOTE OF THE MEMBER. 11
[(g)] (H) If the declarant fails to comply with the requirements of this section, an 12
aggrieved lot owner may submit the dispute to the Division of Consumer Protection of the 13
Office of the Attorney General under § 11B–115(c) of this title. 14
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
October 1, 2026. 16
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.