The conclusion of the 2023 Maryland legislative session ushers in a series of changes that hold significant implications for community associations. From insurance requirements to housing policies, these legislative developments directly influence the daily operations and decision-making processes of community association volunteer leaders and property managers.
The following article will explain the new legislation and how community association managers can help their board of directors navigate the changes.
What You Will Learn
1. Mandatory Insurance Coverage for Condominiums (HB98/SB403)
2. Electric Vehicle Charging in Residential Construction (HB830/SB477)
3. Accessory Dwelling Unit Promotion and Policy Task Force (SB382)
4. Exemptions from Execution in Judgments (SB106/HB42)
5. Sheriff's Sales and Subordinate Interests (SB277)
1. Mandatory Insurance Coverage for Condominiums (HB98/SB403 - PASSED):
Legislation: Condominiums with detached units are no longer obligated to include these units under the Association's Master Policy; owners of detached units must have homeowners insurance covering their entire unit.
Impact on Managers: Communities must ensure compliance with the new requirement by overseeing that owners of detached units maintain homeowners insurance policies. This change will require managers to monitor policies and educate their owners about their insurance responsibilities.
2. Electric Vehicle Charging in Residential Construction (HB830/SB477 - PASSED):
Legislation: Multi-housing residential building projects must incorporate electric vehicle charging stations, and local jurisdictions can mandate additional charging stations based on circumstances.
Impact on Managers: Managers need to oversee construction and renovation projects to ensure compliance with charging station installation requirements. Due to the legislation, communities may be held accountable for addressing financial aspects concerning charging station expenses and integrating these costs into community assessments.
3. Accessory Dwelling Unit Promotion and Policy Task Force (SB382 - PASSED):Legislation: A task force is formed to examine regulations for Accessory Dwelling Units (ADUs) in the state, with industry representation.
Impact on Managers: Managers should continue to monitor developments related to this task force. CAI National is actively involved in this matter, which allows managers to add valuable input. By engaging, they ensure that the regulatory discussions incorporate the community association perspective.
4. Exemptions from Execution in Judgments (SB106/HB42 - PASSED):
Legislation: The first $500 in a debtor's bank account is exempt from garnishment.
Impact on Managers: Collections become more challenging as associations may face difficulties in recouping outstanding dues and fees from residents due to the reduced funds available for garnishment.
5. Sheriff's Sales and Subordinate Interests (SB277 - PASSED):
Legislation: Successful sheriff's sales extinguish liens subordinate to the sold lien.
Impact on Managers: HOAs and condominiums may need to deal with junior lien holders motivated to settle their liens promptly to avoid the extinguishing of their interests through sheriff's sales.
Conclusion
The 2023 legislation introduces new responsibilities, considerations, and challenges for communities. If you have any questions about how these changes impact your community’s insurance policy, please contact your Sahouri Advocates.
