CB-23-605 Public bodies – quasi-government entities

Where it stands

Full text

CITIZEN-DRAFTED BILL CB-605 
 
Requested: September 19, 2025 
Suggested assignment to: Judiciary Committee 
 
AN ACT concerning 
 
Public bodies – quasi-government entities 
FOR the purpose of ensuring constitutional protection for homeowners living under common 
ownership governance, guarding against the development of a caste society where residents of lower 
income housing types enjoy fewer constitutional freedoms and protections than the resident of a 
single family home with a local municipal government, AND FOR the purpose of permitting unit and lot 
owners to record their meetings 
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 – General Provisions 
§3-101 
(g)    “Meet” means to convene a quorum of a public body to consider or transact public 
business. 
 
(h)    (1)    “Public body” means an entity that: 
 
            (i)    consists of at least two individuals; and 
 
            (ii)    is created by: 
 
                1.    the Maryland Constitution; 
 
                2.    a State statute; 
 
                3.    a county or municipal charter; 
 
                4.    a memorandum of understanding or a master agreement to which a majority of 
the county boards of education and the State Department of Education are signatories; 
 

                5.    an ordinance; 
 
                6.    a rule, resolution, or bylaw; 
 
                7.    an executive order of the Governor; [or] 
 
                8.    an executive order of the chief executive authority of a political subdivision of the 
State. 
                9.    ACCEPTANCE OF A PLANNED UNIT DEVELOPMENT APPLICATION 
ACCORDING TO A STATE OR LOCAL LAW; 
                10.    THE REQUIREMENT OF A LOCAL OR COUNTY CODE TO ESTABLISH AN 
ASSOCIATION OR SIMILAR FORM; OR 
                11.    REGULATORY APPROVAL BY A COUNTY OR LOCAL JURISDICTION 
REQUIRING THE ESTABLISHMENT OF AN ASSOCIATION OR SIMILAR FORM  
 
... 
 
    (i)    “Quasi–judicial function” means a determination of: 
 
        (1)    a contested case to which Title 10, Subtitle 2 of the State Government Article applies; 
 
        (2)    a proceeding before an administrative agency for which Title 7, Chapter 200 of the Maryland 
Rules would govern judicial review; or 
 
        (3)    a complaint by the Board in accordance with this title. 
        (4)        A  VIOLATION  TO WHICH  SECTION  11-113,  SECTION  11-119, AND OR SECTION 11B-
111.10 OF THE REAL PROPERTY ARTICLE APPLIES 
 
 
    (j)    “Quasi–legislative function” means the process or act of: 
 
        (1)    adopting, disapproving, amending, or repealing a rule, regulation, or bylaw that has the force 
of law, including a rule of a court; 
 
        (2)    approving, disapproving, or amending a budget; or 
 
        (3)    approving, disapproving, or amending a contract. 
 
§3–102. 
 
    (a)    It is essential to the maintenance of a democratic society that, except in special and appropriate 
circumstances: 
 
        (1)    public business be conducted openly and publicly; and 

 
        (2)    the public be allowed to observe: 
 
            (i)    the performance of public officials; and 
 
            (ii)    the deliberations and decisions that the making of public policy involves. 
 
    (b)    (1)    The ability of the public, its representatives, and the media to attend, report on, and 
broadcast meetings of public bodies and to witness the phases of the deliberation, policy formation, and 
decision making of public bodies ensures the accountability of government to the citizens of the State. 
 
        (2)    The conduct of public business in open meetings increases the faith of the public in 
government and enhances the effectiveness of the public in fulfilling its role in a democratic society. 
 
    (c)    Except in special and appropriate circumstances when meetings of public bodies may be closed 
under this title, it is the public policy of the State that the [public] GOVERNED PEOPLE be provided 
with adequate notice of the time and location of meetings of public bodies, which shall be held in places 
reasonably accessible to individuals who would like to attend these meetings. 
   (d)    IT IS THE PUBLIC POLICY OF THE STATE THAT A CONDOMINIUM OR A HOMEOWNERS 
ASSOCIATION IS A QUASI-GOVERNMENT ENTITY WITH LEGISLATIVE FUNCTIONS AND 
POWERS THAT OTHERWISE CAN EXCEED THAT OF A MUNICIPAL GOVERNMENT, AND THOSE 
POWERS SHALL BE SUBJECT TO CONSTITUTIONAL STANDARDS, INCLUDING ONE PERSON 
ONE VOTE, DIRECT ELECTION OF REPRESENTATIVES, SEPARATION OF POWERS, AND 
FREEDOM OF THE PRESS, NOTWITHSTANDING THE GOVERNING DOCUMENTS. 
 
§3–105. 
 
    Whenever this title and another law that relates to meetings of public bodies conflict, this title applies 
unless the other law is more stringent. 
 
 
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect October 1, 2026.