Real Property - Condominiums and Homeowners Associations - Elections

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0955*

SENATE BILL 955
N1 6lr3288
CF HB 955
By: Senator Kagan
Introduced and read first time: February 8, 2026
Assigned to: Rules

A BILL ENTITLED

AN ACT concerning 1

Real Property – Condominiums and Homeowners Associations – Elections 2

FOR the purpose of establishing that certain provisions of law requiring that certain 3
elections in condominiums and homeowners association s be conducted by a n 4
independent party apply only when the number of candidates exceeds the number of 5
contested seats ; and generally relating to elections in condominiums and 6
homeowners associations. 7

BY repealing and reenacting, with amendments, 8
Article – Real Property 9
Section 11–109(c)(17) and 11B–118(a) 10
Annotated Code of Maryland 11
(2023 Replacement Volume and 2025 Supplement) 12

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14

Article – Real Property 15

11–109. 16

(c) (17) (I) THIS PARAGRAPH APPLIE S ONLY TO AN ELECTIO N IN A 17
RESIDENTIAL CONDOMINIUM IN WHICH THE NUMBER OF CANDIDATES EXCEEDS THE 18
NUMBER OF CONTESTED SEATS. 19

[(i)] (II) Elections, including the collection and counting of ballots 20
and the certifying of results, for officers or members of the governing body other than the 21
full membership of the council of unit owners shall be conducted by independent parties 22
who: 23

2 SENATE BILL 955

1. Are not candidates in the election; and 1

2. Do not have a conflict of interest regarding any candidate 2
in the election. 3

[(ii)] (III) A unit owner is an independent party if the unit owner: 4

1. Complies with the requirements of this section; 5

2. Does not electioneer for any candidate; and 6

3. Is not subject to an objection by more than 25 percent of 7
the eligible voting members of the council of unit owners. 8

[(iii)] (IV) Unless property management for a condominium is owned 9
by the condominium, or a parent association of the condominium, representatives of the 10
condominium’s property management are not independent parties. 11

11B–118. 12

(a) (1) THIS SUBSECTION APPLIES ONLY TO AN ELECTION IN WHICH THE 13
NUMBER OF CANDIDATES EXCEEDS THE NUMBER OF CONTESTED SEATS. 14

[(1)] (2) Elections for the governing body of a homeowners association, 15
including the collection and counting of ballots and the certifying of results, shall be 16
conducted by independent parties who: 17

(i) Are not candidates for positions on the governing body of the 18
homeowners association in that election; and 19

(ii) Do not have a conflict of interest regarding any candidate in the 20
election. 21

[(2)] (3) (i) Unless property management for a homeowners 22
association, or a parent association of the homeowners association, is owned by the 23
homeowners association, representatives of the homeowners association’s property 24
management are not independent parties. 25

(ii) A lot owner is an independent party if the lot owner: 26

1. Complies with the requirements of this subsection; 27

2. Does not electioneer for any candidate; and 28

3. Is not subject to an objection by more than 25 percent of 29
the eligible voting members of the homeowners association. 30
SENATE BILL 955 3

(iii) The homeowners association may retain a third–party vendor or 1
employ a commercial technology platform to conduct the election. 2

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
October 1, 2026. 4