CB-29-503 Condominiums – Clarification of Governing Body

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CITIZEN-DRAFTED BILL CB-503 
 
Requested: June 12, 2026 
Suggested assignment to: Economic Matters or Judicial Proceedings 
 
AN ACT concerning 
 
Condominiums – Clarification of Governing Body 
FOR the purpose of clarifying that the state’s definition of a “governing body” does not create or 
appoint alternate applicable governing bodies contrary to the one specified in a Declaration; to align 
with the concept of delegation expressed in 11-104(b)(1) and 11-109(d) 
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 
11-101 
(i) “Governing body” means the council of unit owners, board of directors, or any 
committee of the council of unit owners or board of directors, SUBJECT TO THE 
PARTICULAR ENTITY SPECIFIED AS THE GOVERNING BODY IN A DECLARATION, OR IF 
MORE THAN ONE GOVERNING BODY EXISTS, SUBJECT TO THE COUNCIL OF UNIT 
OWNERS.   
 
11-109 
 
(a) (1)  The affairs of the condominium shall be governed by a council of unit owners which, 
even if unincorporated, is constituted a legal entity for all purposes. The council of unit 
owners shall be comprised of all unit owners. 
(2) IF THE DECLARATION DEFINES A COUNCIL OF UNIT OWNERS AS THE GOVERNING 
BODY, THE BOARD OF DIRECTORS OR MANAGING AGENT MAY NOT PROHIBIT AN ACTION 
OF THE COUNCIL OF UNIT OWNERS.   
(3) AN ACTION OF THE BOARD OF DIRECTORS SHALL BE SUBJECT TO THE ORDINARY 
BUDGET PROCESS OF THE CONDOMINIUM, AS DEFINED IN §11-101 OF THIS TITLE. 

[(4)] (3) AN ACTION OF THE COUNCIL OF UNIT OWNERS TO INCUR AN EXPENSE OBLIGATE 
AN EXPENDITURE SHALL BE AS PROVIDED IN §11-109.2(f) OF THIS TITLE. 
 
     (c)(7)(iv)   [The governing body] THE COUNCIL OF UNIT OWNERS AND EACH BODY WITH 
DELEGATED POWERS shall EACH convene at least one meeting each year at which the agenda is 
open to any matter relating to the condominium.   
 
11-109.2 
 
(f) (1) The adoption of a budget shall not impair the authority of the council of unit owners to 
obligate the council of unit owners for expenditures for any purpose consistent with any 
provision of this title. 
 
11-124 
 
    (e)    If there is any conflict among the provisions of this title, the declaration, condominium 
plat, bylaws, or rules adopted pursuant to § 11-111 of this title, the provisions of each shall 
control in the succession listed hereinbefore commencing with “title”. 
 
     (F)   IF THE DECLARATION DEFINES A COUNCIL OF UNIT OWNERS AS THE GOVERNING BODY, 
THE BOARD OF DIRECTORS OR MANAGING AGENT MAY NOT PROHIBIT AN ACTION OF THE 
COUNCIL OF UNIT OWNERS.   
 
    [(f)] (g)    The execution of any instrument by a mortgagee for the purpose of consenting to 
the legal operation and effect of a declaration, bylaws, and condominium plat does not, unless 
the contrary is expressly stated, affect the priority of the mortgage or deed of trust. The 
execution and recordation of a release of a unit in a condominium by a mortgagee which refers 
to the condominium constitutes consent by that mortgagee to the legal operation and effect of 
the recorded declaration, bylaws, and condominium plat of that condominium. 
 
11-139.1 
    (a)    Notwithstanding language contained in the governing documents of a council of unit 
owners, the council of unit owners may provide notice of a meeting or deliver information to a 
unit owner by electronic transmission if: 
 
        (1)    The [governing body of the] council of unit owners gives the [council of unit owners] 
GOVERNING BODY the authority to provide notice of a meeting or deliver information by 
electronic transmission; 
 
        (2)    The unit owner gives the council of unit owners prior written authorization to provide 
notice of a meeting or deliver information by electronic transmission; and 
 
        (3)    An officer or agent of the council of unit owners certifies in writing that the council of 

unit owners has provided notice of a meeting or delivered material or information as authorized 
by the unit owner. 
 
11-139.3 
    (a)    (1)    Notwithstanding language contained in the governing documents of the council of 
unit owners, the [board of directors] GOVERNING BODY may authorize any meetings of the 
council of unit owners, the board of directors, or a committee of the council of unit owners or the 
board of directors to be conducted or attended by telephone conference, video conference, or 
similar electronic means. 
 
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect October 1, 2027.