CB-15-607 Common ownership – Property rights

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CITIZEN-DRAFTED BILL CB-607 
 
Requested: September 7, 2025 
Suggested assignment to: Economic Matters 
 
AN ACT concerning 
 
Common ownership – Property rights 
FOR the purpose of consumer protection, and minimizing the potential hidden costs to home ownership arising from 
falsified or hidden citations of alleged violations, refusal to recognize authority of the council of unit owners, and other 
predatory abuses. 
 
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. 
Bold indicates matters for general awareness, usually existing law that provides key context for the bill.   
 
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Laws of Maryland read as 
follows: 
 
Article – Real Property 
 
11-109  
(f) A unit owner’s rights as holder of a percentage interest in common expenses and common profits are 
such that: 
(1)    A unit owner’s right to possess, use, or enjoy property of the council of unit owners shall be 
as provided DIRECTLY AND ONLY in the bylaws OR DECLARATION, SUBJECT TO THE DECLARATION 
AND PURSUANT TO SECTION 11-124(e) OF THIS TITLE; [and] 
(2)    A unit owner’s interest in the property is not assignable or attachable separate from his unit 
except as provided in §§ 11-107(d) and 11-112(g) of this title; AND 
(3)    THE SUSPENSION OF A UNIT OWNER’S RIGHT TO POSSESS, USE, OR ENJOY PROPERTY OF THE 
COUNCIL  OF  UNIT  OWNERS  SHALL  BE AS  PROVIDED DIRECTLY  AND  ONLY IN  THE BYLAWS  OR 
DECLARATION, SUBJECT  TO  THE DECLARATION AND PURSUANT  TO  SECTION  11-124(e)  OF  THIS 
TITLE; EXCEPT   FOR   WATER/TOILET   SHUT   OFF   WHICH   IS A PROHIBITED ACTION   OF   THE 
CONDOMINIUM IN THE INTEREST OF PUBLIC HEALTH AND SAFETY.  

(4) UNLESS THE GOVERNING DOCUMENTS STATE OTHERWISE, A WATER OR TOILET VALVE THAT 
SERVES ONLY ONE UNIT SHALL BE CONSIDERED PART OF THE UNIT, AND THE OCCUPANT’S USE 
OF THE VALVE IS NOT SUBJECT TO ANY USE RESTRICTION OF THE CONDOMINIUM;  
(5) IF  A  GOVERNING  DOCUMENT  ESTABLISHES  A  WATER  OR TOILET  VALVE  AS  A  LIMITED 
COMMON ELEMENT, THE OCCUPANT’S USE OF THE VALVE IS NOT SUBJECT TO ANY USE 
RESTRICTION OF THE CONDOMINIUM; AND 
(6) IF  A  GOVERNING  DOCUMENT  ESTABLISHES  A  WATER  OR TOILET  VALVE  AS  A GENERAL 
COMMON   ELEMENT,   ANY   USE   RESTRICTION   IS   SUBJECT   TO   SUBPARAGRAPH   3   OF   THIS 
PARAGRAPH.   
 
11-111 
(a)(1) SUBJECT TO THE POWER OF THE COUNCIL OF UNIT OWNERS TO ADOPT OR RESCIND RULES UNDER 
SECTION 11-109(c)(15) OF THIS TITLE, [The council of unit owners or] the body delegated in the bylaws of 
a condominium to carry out the responsibilities of the council of unit owners may adopt OR RESCIND rules 
for the condominium if:  ... 
 
11-113 
(a)     Unless the declaration or bylaws  state otherwise,  the dispute settlement mechanism provided by 
this section is applicable to complaints or demands formally arising on or after October 1, 2022. 
(b)  (1)    The council of unit owners or board of directors may not impose a fine, suspend voting, or 
infringe  upon  any  other  rights of  a  unit  owner  or  other  occupant  for  violations of rules  until  the 
procedures in this subsection are followed.  THIS SECTION IS APPLICABLE ONLY TO ALLEGED VIOLATIONS 
OF RULES PROPERLY PASSED AND RECORDED UNDER SECTION 11-111 OF THIS TITLE OR APPEARING IN A 
PROPERLY  PASSED GOVERNING  DOCUMENT  ON  FILE  IN  THE  COUNTY  LAND  RECORDS.   ALL  OTHER 
ALLEGED VIOLATIONS ARE UNENFORCEABLE AND VOID.   
(2)        A  written  demand  to  cease  and  desist  from  an  alleged violation  shall  be  provided  to  the 
alleged violator specifying: 
(i)    The alleged violation, CITING THE GOVERNING DOCUMENT AND APPLICABLE PAGE, 
PARAGRAPH,  RULE  NUMBER,  OR  BYLAW  NUMBER, AND  EXCERPTING  THE  RELEVANT 
LANGUAGE; 
  (ii)    The action required to abate the violation; [and] 
(iii)        A  time  period,  not  less  than  15  days,  during  which  the  violation  may  be  abated 
without  further  sanction,  if  the  violation  is  a  continuing  one,  or  a  statement  that  any 
further violation of the same rule may result in the imposition of sanction after notice and 
opportunity for hearing if the violation is not continuing; AND 
(iv) A STATEMENT THAT “CONSUMERS ARE ADVISED TO REVIEW SECTIONS 11-110, 11-
113, AND 14-201 THROUGH 14-206 OF THE MARYLAND REAL PROPERTY ARTICLE.” 
 

11-130 
(c) (1) A violation of this title shall be within the scope of the enforcement duties and powers 
of the Division of Consumer Protection of the Office of the Attorney General, as described in 
Title 13 of the Commercial Law Article. 
(2) A CONSUMER HAS THE RIGHT TO HAVE THE CONSUMER PROTECTION DIVISION OF THE 
MARYLAND OFFICE OF THE ATTORNEY GENERAL: 
(I) REVIEW ALLEGED VIOLATIONS OF STATE LAWS THAT GOVERN COMMON OWNERSHIP 
COMMUNITIES; 
(II) REPORT TO THE AFFECTED PARTIES IN WRITING ANY FINDING BY THE OFFICE THAT A 
VIOLATION DID OR DID NOT OCCUR;  
(g) SUBJECT TO §13–203 OF THE COMMERCIAL LAW ARTICLE, THE OFFICE OF THE ATTORNEY GENERAL 
SHALL PUBLISH A REPORT ANNUALLY ON THE NUMBER AND STATUS OF ITS ALL REAL PROPERTY CASES 
BROUGHT ON BEHALF OF A CONSUMER RECEIVED, TRACKING AT A MINIMUM THE CASE TYPES OF FAIR 
ELECTIONS, MEETING PROCEDURES, FINANCIAL MANAGEMENT, AND OTHER VIOLATIONS OR TORTS. 
 
11B-111.10 
(a)     Unless the declaration or bylaws  state otherwise,  the dispute settlement mechanism provided by 
this section is applicable to complaints or demands formally arising on or after October 1, 2022. 
(b) (1)        The  board  of  directors  or  other  governing  body  of  the  homeowners  association  may  not 
impose  a fine, suspend voting, or infringe on any other right of a lot owner or any other occupant  for 
violations of rules until the procedures in this subsection are followed.  THIS SECTION IS APPLICABLE ONLY 
TO  ALLEGED  VIOLATIONS  OF  RULES, INCLUDING  VIOLATIONS  OF IN A PROPERLY  PASSED GOVERNING 
DOCUMENT   ON   FILE   IN   THE   COUNTY   LAND   RECORDS.    ALL   OTHER ALLEGED VIOLATIONS   ARE 
UNENFORCEABLE AND VOID.   
(2)        A  written  demand  to  cease  and  desist  from  an  alleged  violation  shall  be  provided  to  the 
alleged violator specifying: 
(i)        The  nature of  the  alleged  violation, CITING  THE  GOVERNING  DOCUMENT  AND 
APPLICABLE PAGE, PARAGRAPH, RULE NUMBER, OR BYLAW NUMBER, AND EXCERPTING 
THE RELEVANT LANGUAGE; 
   (ii)    The action required to abate the violation; [and] 
(iii)    A period of time, not less than 15 days, during which the violation may be abated 
without further sanction, if the violation is a continuing violation, or a statement that any 
further violation of the same rule may result in the imposition of sanction after notice and 
opportunity for hearing if the violation is not continuing; AND 
(iv) A STATEMENT THAT “CONSUMERS ARE ADVISED TO REVIEW SECTIONS 11B-111.10 
AND 14-201 THROUGH 14-206 OF THE MARYLAND REAL PROPERTY ARTICLE.” 
 
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect October 1, 2026.