CB-28-608 Common ownership – Elections, voting, and awards

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CITIZEN-DRAFTED BILL CB-608 
 
Requested: September 7, 2025 
Suggested assignment to: Economic Matters 
 
AN ACT concerning 
 
Common ownership – Elections, voting, and awards 
FOR the purpose of consumer protection, election integrity, eliminating rigged proxies and interference at annual meetings, 
eliminating unauthorized recess to manipulate voting, allowing election notices to include a call for candidates to reduce 
mailing costs, requiring election notices to disclose term expirations, requiring provisional ballots, inhibiting insular 
procurement or monopolies, eliminating loopholes resulting in 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  
(c)(8)(i)    Unless the bylaws provide otherwise, a quorum is deemed present throughout any meeting of 
the council of unit owners if persons entitled to cast 25 percent of the total number of votes appurtenant 
to all units are present in person or by proxy. 
(c)(9)    At meetings of the council of unit owners each unit owner shall be entitled to cast the number of 
votes  appurtenant  to  his  unit.  Unit  owners  may  vote  by  proxy,  but  the  proxy  is  effective  only  for  a 
maximum period of 180 days following its issuance, unless granted to a lessee or mortgagee.  A DEFAULT 
PROXY SHALL NOT  BE  PRE-PRINTED  ON  ANY  ELECTION  MATERIALS  OR  PROXY  FORMS.    A  PROXY 
DESIGNATION IS INVALID IF IT RELIES ON ANY DEFAULT PROXY OR IF A PROXY FIELD IS LEFT BLANK ON A 
PROXY FORM.   
(c)(13) Unless otherwise provided in the bylaws, a unit owner may nominate himself or any other person 
to be an officer or member of the board of directors.  A call for nominations shall be sent to all unit owners 
not less than [45] 42 days before [notice of] an election [is sent] MEETING DATE.  Only nominations made 
at least [15] 14 days before notice of an election shall be listed on the election ballot.  Candidates shall be 
listed on the ballot in alphabetical order, with no indicated candidate preference.  NOTWITHSTANDING 
SECTION  11-139.3  OF  THIS  TITLE,  NOMINATIONS [Nominations] may  be  made  from  the  floor  at  the 
meeting at which the election to the board is held. 

 (c)(14) Election  materials [prepared  with  funds] of  the  council  of  unit  owners [shall], INCLUDING 
THROUGH ITS AGENTS AND VENDORS, SHALL:  
(I) list candidates in alphabetical order; 
(II) [and may] not indicate a candidate preference;  
(III)  DISCLOSE THE  EXPIRATION  DATES  OF  EACH  TERM  CONSISTENT  WITH  THE  PATTERN  OF 
STAGGERED  TERMS  SET  FORTH  IN THE  BYLAWS  FOR  THE  FIRST  INITIAL  MEETING  FOLLOWING 
DEVELOPER CONTROL, OR CONSISTENT WITH THE PATTERN SET FORTH IN A BYLAW AMENDMENT 
PROPERLY APPROVED BY THE COUNCIL OF UNIT OWNERS; AND 
(IV) BE INCLUDED IN ELECTION MEETING NOTICES 
(c)(15)    Unless otherwise provided in this title, and subject to provisions in the bylaws requiring a different 
majority OF THE COUNCIL OF UNIT OWNERS, decisions of the council of unit owners shall be made on a majority 
of votes of the unit owners listed on the current roster present and voting. 
(c)(17)    (i)    Elections, including the collection and counting of ballots and the certifying of results, for 
officers or members of the governing body other than the full membership of the council of unit owners shall be 
conducted by independent parties who: 
                1.    Are not candidates in the election; and 
                2.    Do not have a conflict of interest regarding any candidate in the election. 
 (c)(18) The governing body may retain a third-party vendor or employ a commercial technology platform 
to conduct an election, PROVIDED THAT THE VENDOR IS: 
(I) NOT FOREIGN-OWNED; 
(II) CHARTERED IN THE STATE OF MARYLAND;  
(III) UNDER THE JURISDICTION OF MARYLAND COURTS; 
(IV) VOIDABLE BY THE COUNCIL OF UNIT OWNERS;  
(V) CONTRACTUALLY RELEASING ALL CLAIMS OF OWNERSHIP AND CONFIDENTIALITY REGARDING 
ELECTION VOTER DATA TO THE COUNCIL OF UNIT OWNERS; AND 
(VI) MAINTAINING  AUDITABLE  DATA  THAT  UNIQUELY  IDENTIFIES  THE  VOTER  FOR  EACH  VOTE 
CAST WITHIN THE PLATFORM 
 
(c)(22)    Provisions of the governing documents, rules, or regulations of a condominium relating to the 
conduct of elections, DECISIONS, OR VOTING RIGHTS that are inconsistent with the requirements of this 
section are unenforceable and void. 
(c)(23) NOTWITHSTANDING THE GOVERNING DOCUMENTS, THE COUNCIL OF UNIT OWNERS SHALL HAVE 
THE RIGHT TO DIRECTLY NOMINATE AND ELECT THE ASSOCIATION PRESIDENT AND CHAIR, WHETHER AS 
SAME OR SEPARATE OFFICES.   
(c)(24)  PROVISIONAL  BALLOTS  FOR  DISQUALIFIED  VOTERS  SHALL  BE  COLLECTED  AND  REPORTED.    AN 
INDEPENDENT  PARTY  SHALL  REVIEW  DISQUALIFICATIONS  FOR ERRORS AND  PROVIDE  DISQUALIFIED 
VOTERS WITH AN OPPORTUNITY TO DISPROVE THE DISQUALIFICATION.   

(c)(25)  NOTWITHSTANDING  SUBPARAGRAPH  (15)  OF  THIS  PARAGRAPH  OR  THE  BYLAWS,  A  BOARD  OF 
DIRECTORS AT A MEETING OF THE COUNCIL OF UNIT OWNERS SHALL BE PROHIBITED FROM TAKING AN 
ACTION TO GO INTO RECESS OR ADJOURNMENT WITHOUT A VOTE OF THE COUNCIL OF UNIT OWNERS. 
 
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.” 
 
11-133 
(c) ANY ORAL OR WRITTEN SOLICITATION FOR A CONTRACTOR THAT WILL REQUIRE AN APPROVAL VOTE 
FROM THE GOVERNING BODY SHALL ALSO BE COMMUNICATED TO UNIT OWNERS WHO HAVE PROVIDED 
A  WRITTEN  REQUEST  FOR  SOLICITATION  NOTICES.    THE  MANAGEMENT  COMPANY  AND  BOARD  MUST 
ACCEPT  FOR  CONSIDERATION ANY  PROPOSAL  FROM  A  QUALIFIED  OR  LICENSED  CONTRACTOR  THAT 
MEETS  LAWFUL  CRITERIA  SPECIFICIED  IN  THE  SOLICITATION.    CONTRACTORS  RECOMMENDED  BY  UNIT 

OWNERS  SHALL  NOT  BE  EXCLUDED  FROM  CONSIDERATION.    ANY  CONFLICT  OF  INTEREST  SHALL BE 
DISCLOSED BY THE UNIT OWNER, BOARD MEMBER, CONTRACTOR, STAFF, OR MANAGEMENT COMPANY. 
(d) BEFORE THE AWARD OF A NEW CONTRACT, CHANGE ORDER, OR CONTRACT RENEWAL IN EXCESS OF 
$10,000,  OTHER  THAN  EXPENSES  FOR  REASONABLE  HEALTH  OR  SAFETY  ISSUES  OR  PREVENTING 
SIGNIFICANT  RISK  OF  DAMAGE, A  MANAGEMENT  COMPANY  SHALL  PROVIDE  TO  THE  BOARD  OF 
DIRECTORS A WRITTEN COPY OF ALL UNIQUE SOLICITATION MATERIAL THAT WAS USED TO SOLICIT BIDS 
OR  PRICE  QUOTES.    EACH  DIRECTOR  SHALL  HAVE  THE  AUTHORITY  TO  INVESTIGATE  AND VERIFY  THE 
SOLICITATION MATERIAL DIRECTLY WITH THE SOLICITED VENDOR.   
(e) AN AGREEMENT FOR TRASH COLLECTION SHALL NOT REQUIRE EXCLUSIVE USE OF A SINGLE SERVICE 
PROVIDER. 
 
11-139.3 
(d)  Notwithstanding  language  contained  in  the  governing  documents  of  the  council  of  unit  owners, 
nominations  from the  floor  at  the  meeting  are  not  required TO  BE  SOLICITED  IN  THE  ABSENCE  OF  AN 
OBJECTION if  at  least  one candidate  has  been  nominated  to  fill  each open  board  position, SUBJECT  TO 
SECTION 11-109(c)(13) OF THIS TITLE.   
 
11B-118 
(a)        (1)       Elections  for the  governing  body of  a  homeowners  association,  including  the  collection  and 
counting of ballots and the certifying of results, shall be conducted by independent parties who: 
            (i)    Are not candidates for positions on the governing body of the homeowners association in that 
election; and 
            (ii)    Do not have a conflict of interest regarding any candidate in the election. 
 
(a)(2)(iii)  The  homeowners  association may  retain  a  third-party  vendor  or  employ  a  commercial 
technology platform to conduct an election, PROVIDED THAT THE VENDOR IS: 
(I) NOT FOREIGN-OWNED; 
(II) CHARTERED IN THE STATE OF MARYLAND;  
(III) UNDER THE JURISDICTION OF MARYLAND COURTS;  
(IV) VOIDABLE BY THE MEMBERSHIP OF THE HOMEOWNER ASSOCIATION;  
(V) CONTRACTUALLY RELEASING ALL CLAIMS OF OWNERSHIP AND CONFIDENTIALITY REGARDING 
ELECTION VOTER DATA TO THE HOMEOWNERS ASSOCIATION; AND 
(VI) MAINTAINING  AUDITABLE  DATA  THAT  UNIQUELY  IDENTIFIES  THE  VOTER  FOR  EACH  VOTE 
CAST WITHIN THE PLATFORM 
 
 (e) ELECTION MATERIALS OF THE HOMEOWNERS ASSOCIATION SHALL:  
(1) LIST CANDIDATES IN ALPHABETICAL ORDER; 
(2) NOT INDICATE A CANDIDATE PREFERENCE; 

(3)  DISCLOSE  THE  EXPIRATION  DATES  OF  EACH  TERM  CONSISTENT  WITH  THE  PATTERN  OF 
STAGGERED  TERMS  SET  FORTH  IN  THE  BYLAWS  FOR  THE  FIRST  INITIAL  MEETING  FOLLOWING 
DEVELOPER CONTROL, OR CONSISTENT WITH THE PATTERN SET FORTH IN A BYLAW AMENDMENT 
PROPERLY APPROVED BY THE MEMBERSHIP OF THE HOMEOWNER ASSOCIATION; AND 
(4) BE INCLUDED IN ELECTION MEETING NOTICES 
(f)   NOTWITHSTANDING   THE   GOVERNING  DOCUMENTS,   THE MEMBERSHIP  OF   THE   HOMEOWNER 
ASSOCIATION SHALL HAVE THE RIGHT TO DIRECTLY NOMINATE AND ELECT THE ASSOCIATION PRESIDENT 
AND CHAIR.   
(g)  PROVISIONAL  BALLOTS  FOR  DISQUALIFIED  VOTERS  SHALL  BE  COLLECTED  AND  REPORTED.    AN 
INDEPENDENT  PARTY  SHALL  REVIEW  DISQUALIFICATIONS  FOR  ERRORS  AND  PROVIDE  DISQUALIFIED 
VOTERS WITH AN OPPORTUNITY TO DISPROVE THE DISQUALIFICATION.   
(h) NOTWITHSTANDING ANY OTHER SECTION OF THIS TITLE OR THE BYLAWS, A BOARD OF DIRECTORS AT 
A  MEETING  OF  THE MEMBERSHIP  OF  THE  HOMEOWNER  ASSOCIATION SHALL  BE  PROHIBITED  FROM 
TAKING AN ACTION TO GO INTO RECESS OR ADJOURNMENT WITHOUT A VOTE OF THE MEMBERSHIP OF 
THE HOMEOWNER ASSOCIATION. 
 
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.