CITIZEN-DRAFTED BILL AH-403

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CITIZEN-DRAFTED BILL AH-403 
 
Requested: August 24, 2024 
Suggested assignment to: Environment and Transportation 
AN ACT concerning 
Common Ownership – Notice of Closed Meetings, Agendas for Open Meetings 
FOR the purpose of increasing transparency of governing bodies so that meetings or meeting purposes are 
disclosed to the fullest extent permitted by existing law; providing parity between the statutes in their 
treatment of committees in closed session, clarifying that a session must have provided general meeting notice 
and have been open and held publicly before it can be closed in most cases, so that meetings cannot be 
construed permissibly to start as closed without notice and then opened to an audience of none; and clarifying 
the non-permissibility of a unanimous closed email vote which the OAG has stated is not permitted and for 
which there is no case law.   
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. 
 
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 ) ( 4 ) A regular or special meeting of the council of unit owners may not be held on less than 10 nor more 
than 90 days’: 
(i) Written notice WITH PROPOSED AGENDA delivered or mailed to each unit owner at the address 
shown on the roster on the date of the notice; or 
(ii) Notice sent to each unit owner by electronic transmission, if the requirements of §11-139.1 of this 
title are met 
 
  

11-109.5  AGENDAS FOR CONDOMINIUMS 
(a) AN AGENDA FOR THE PURPOSES OF COMPLYING WITH 11-109 ( c ) ( 4 ) OF THIS TITLE IS PRESUMED TO 
BE NON-BINDING AS A PROPOSED AGENDA UNLESS ADOPTED OR AMENDED BY THE GOVERNING BODY 
IN OPEN SESSION.   
(b) A QUORUM OF DIRECTORS SHALL REFRAIN FROM DISCUSSING THE MERITS OF ANY PROPOSED AGENDA 
ITEM UNTIL OPEN SESSION. 
(c) THE INCLUSION OF AN AGENDA ITEM ON AN ADOPTED AGENDA SHALL NOT BE CONSTRUED TO 
GUARANTEE ACTUAL DISCUSSION OF THE ITEM BY THE END OF THE MEETING. 
 
11-109.1 
(a) SUBJECT TO THE NOTICE REQUIREMENTS OF §11-109 ( c ) ( 4 ) OF THIS TITLE UNLESS OTHERWISE 
INDICATED, AND NOTWITHSTANDING THE CORPORATIONS AND ASSOCIATIONS ARTICLE, a meeting of 
the board of directors OR OTHER GOVERNING BODY OR COMMITTEE OF THE CONDOMINIUM may be 
held in closed session only for the following purposes: 
. . . 
. . . 
. . . 
. . . 
. . . 
. . . 
. . . 
. . . 
 
(9) TOURING THE COMMON ELEMENTS TO INVESTIGATE A CONDITION WHICH COULD REASONABLY 
RESULT IN AN IMMEDIATE THREAT TO THE HEALTH OR SAFETY OF THE UNIT OWNERS OR AN 
IMMEDIATE AND SIGNIFICANT RISK OF DAMAGE TO THE CONDOMINIUM, OR THE NEED FOR 
MAINTENANCE, REPAIR, OR REPLACEMENT, NOTWITHSTANDING THE NOTICE REQUIREMENT OF §11-
109 ( c ) ( 4 ) OF THIS TITLE; 
 
(10) ASSESSING WHETHER OR NOT TO PRE-TREAT COMMON AREAS FOR EASE OF SNOW AND ICE 
REMOVAL AROUND AN INCLEMENT WEATHER EVENT, NOTWITHSTANDING THE NOTICE REQUIREMENT 
OF §11-109 ( c ) ( 4 ) OF THIS TITLE. 
(b) If a meeting is held in closed session under subsection (a) of this section:   
(1) An action UNDER THIS TITLE OR TITLE 5, SUBTITLE 2 OF THE CORPORATIONS AND ASSOCIATIONS 
ARTICLE, SECTION 2-408, may not be taken and a matter may not be discussed if it is not permitted by 
subsection (a) of this section; and 
 

 
11A-109 
(h) (1) (i) If an association has not held a meeting for 3 years, a special meeting shall be called by the 
directors.  Notice of the meeting WITH PROPOSED AGENDA and sample proxy forms shall be sent to all 
members at least 30 days prior to the meeting.   
. . . 
. . . 
 
(h) (2) (ii) Notice of the meeting WITH PROPOSED AGENDA and sample proxy forms shall be sent to all 
members at least 30 days before the meeting.   
(h) (3) At any special meeting held under this subsection, any action may be taken by simple majority 
vote, including amendment of the association’s articles of incorporation or bylaws.  
 
11A-109.1  AGENDAS FOR TIME-SHARES 
(a) AN AGENDA FOR THE PURPOSES OF COMPLYING WITH 11-109 ( c ) ( 4 ) OF THIS TITLE IS PRESUMED TO 
BE NON-BINDING AS A PROPOSED AGENDA UNLESS ADOPTED OR AMENDED BY THE GOVERNING BODY 
IN OPEN SESSION.   
(b) A QUORUM OF DIRECTORS SHALL REFRAIN FROM DISCUSSING THE MERITS OF ANY PROPOSED AGENDA 
ITEM UNTIL OPEN SESSION. 
(c) THE INCLUSION OF AN AGENDA ITEM ON AN ADOPTED AGENDA SHALL NOT BE CONSTRUED TO 
GUARANTEE ACTUAL DISCUSSION OF THE ITEM BY THE END OF THE MEETING. 
 
11A-128 
( d ) SUBJECT TO THE NOTICE REQUIREMENTS OF §11A-109 OF THIS TITLE UNLESS OTHERWISE 
INDICATED, AND NOTWITHSTANDING THE CORPORATIONS AND ASSOCIATIONS ARTICLE, a meeting of 
the board of directors or OTHER governing body OR COMMITTEE of the association may be held in 
closed session only for the following purposes: 
. . . 
. . . 
. . . 
. . . 
. . . 
. . . 
. . . 

(8) TOURING THE COMMON ELEMENTS TO INVESTIGATE A CONDITION WHICH COULD 
REASONABLY RESULT IN AN IMMEDIATE THREAT TO THE HEALTH OR SAFETY OF THE TIME-
SHARES OR AN IMMEDIATE AND SIGNIFICANT RISK OF DAMAGE TO THE TIME-SHARES, OR THE 
NEED FOR MAINTENANCE, REPAIR, OR REPLACEMENT, NOTWITHSTANDING THE NOTICE 
REQUIREMENT OF §11A-109 OF THIS TITLE; 
 
(9) ASSESSING WHETHER OR NOT TO PRE-TREAT COMMON AREAS FOR EASE OF SNOW AND ICE 
REMOVAL AROUND AN INCLEMENT WEATHER EVENT, NOTWITHSTANDING THE NOTICE 
REQUIREMENT OF §11A-109 OF THIS TITLE. 
( e ) If a meeting is held in closed session under subsection (d) of this section: 
(1) An action UNDER THIS TITLE OR TITLE 5, SUBTITLE 2 OF THE CORPORATIONS AND 
ASSOCIATIONS ARTICLE, SECTION 2-408, may not be taken and a matter may not be 
discussed if it is not permitted by subsection (d) of this section; and 
 
 
11B-111 
( 2 ) All members of the homeowners association shall be given [reasonable] 10 DAYS’ notice, WITH 
PROPOSED AGENDA, of all regularly scheduled open meetings of the homeowners association; 
. . . 
. . . 
. . . 
. . . 
( 4 ) SUBJECT TO THE NOTICE REQUIREMENTS OF THIS SECTION UNLESS OTHERWISE INDICATED, AND 
NOTWITHSTANDING THE CORPORATIONS AND ASSOCIATIONS ARTICLE, a meeting of the board of 
directors or other governing body [of the homeowners association] or [a] committee of the 
homeowners association may be held in closed session only for the following purposes: 
. . . 
. . . 
. . . 
. . . 
. . . 
. . . 
. . . 
. . . 
(ix) TOURING THE COMMON ELEMENTS TO INVESTIGATE A CONDITION WHICH COULD REASONABLY 
RESULT IN AN IMMEDIATE THREAT TO THE HEALTH OR SAFETY OF THE UNIT OWNERS OR AN 

IMMEDIATE AND SIGNIFICANT RISK OF DAMAGE TO THE CONDOMINIUM, OR THE NEED FOR 
MAINTENANCE, REPAIR, OR REPLACEMENT, NOTWITHSTANDING THE NOTICE REQUIREMENT OF THIS 
SECTION; 
 
(x) ASSESSING WHETHER OR NOT TO PRE-TREAT COMMON AREAS FOR EASE OF SNOW AND ICE 
REMOVAL AROUND AN INCLEMENT WEATHER EVENT, NOTWITHSTANDING THE NOTICE REQUIREMENT 
OF THIS SECTION. 
 
( 5 ) If a meeting is held in closed session under item (4) of this section: 
(i) An action UNDER THIS TITLE OR TITLE 5, SUBTITLE 2 OF THE CORPORATIONS AND 
ASSOCIATIONS ARTICLE, SECTION 2-408, may not be taken and a matter may not be discussed if 
it is not permitted by item (4) of this section; and 
 
11B-111.11  AGENDAS FOR HOMEOWNER ASSOCIATIONS 
(a) AN AGENDA FOR THE PURPOSES OF COMPLYING WITH 11B-111 OF THIS TITLE IS PRESUMED TO BE NON-
BINDING AS A PROPOSED AGENDA UNLESS ADOPTED OR AMENDED BY THE GOVERNING BODY IN OPEN 
SESSION.   
(b) A QUORUM OF DIRECTORS SHALL REFRAIN FROM DISCUSSING THE MERITS OF ANY PROPOSED AGENDA 
ITEM UNTIL OPEN SESSION. 
(c) THE INCLUSION OF AN AGENDA ITEM ON AN ADOPTED AGENDA SHALL NOT BE CONSTRUED TO 
GUARANTEE ACTUAL DISCUSSION OF THE ITEM BY THE END OF THE MEETING. 
 
 
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect October 1, 2025.