Maryland guide
Maryland governance risk
Maryland imposes detailed open-meeting, records, and election rules, substantially expanded by a wave of 2024–2025 legislation. The headline change is SB 758 (2025, effective October 2025): board elections must be conducted by an "independent party," which disqualifies most third-party management companies from running elections, and associations may no longer charge to view financial statements.
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Other 2025 bills addressed data privacy, family child-care homes, solar, and accessory dwelling units, and a 2024 law lowered the condo declaration-amendment threshold from 80% to two-thirds. Strong statutory rights do not guarantee a well-run association — the documents reveal whether the board follows them, and whether the governing documents have been updated for the new rules.
Open meetings and records
Association and board meetings must be open to members with reasonable notice (§11-109(c) condo; §11B-111 HOA), with closed sessions limited to specified topics like litigation, personnel, and contracts. Members have statutory rights to inspect books and records (§11-116 condo; §11B-112 HOA). As of SB 758 (2025), an association may not charge any fee to examine financial statements in person or to email them electronically. Read the prior years of minutes: gaps, thin records, or a fee charged for financials are governance red flags.
The 2025 independent-party election rule
SB 758 requires that board and officer elections — including collecting and counting ballots and certifying results — be conducted only by an independent party with no candidacy and no conflict of interest. Most third-party management companies are now disqualified unless management is owned in-house by the association. Conflicting governing-document provisions are void. If the management company ran the last election, the results may be challengeable — a governance and litigation risk worth confirming.
Data privacy, child care, solar, and ADUs
The 2025 session also barred associations from requiring "sensitive information" (such as SSN, immigration status, or medical records) to use recreational common areas; protected licensed family child-care homes; limited solar restrictions in areas of exclusive use; and barred unreasonable limits on accessory dwelling units. Confirm the governing documents were updated for these changes — stale documents with prohibited restrictions are a compliance flag and a sign the board may be behind on governance generally.
Amendment threshold, registration, and litigation
A 2024 law lowered the condo declaration-amendment threshold from 80% to two-thirds (§11-103(c)), making it easier to update documents or authorize major work. In Prince George's County, HB 360 (2025) made association registration mandatory, with non-registration a misdemeanor — confirm registration there and in Montgomery County, which runs a binding dispute-resolution commission. Read the litigation statement, including any §11-131 construction-defect warranty claims and any election or collection disputes.
Maryland legal references
- Md. Real Prop. §11-109 / §11B-118 — Open meetings and independent-party elections (SB 758, 2025)
- Md. Real Prop. §11-116 / §11B-112 — Records inspection; no fee for financial statements (2025)
- Md. Real Prop. §11-103(c) — Declaration amendment threshold lowered to two-thirds (2024)
Informational only. Not legal advice. Always confirm against current statute and counsel.
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Find a Maryland specialist →Reviewer's checklist
- Read the prior years of board minutes for gaps or out-of-meeting decisions
- Confirm the association did not charge to view financial statements (SB 758)
- Confirm the last board election was run by an independent party, not management
- Check whether the governing documents were updated for 2024–2025 statutory changes
- Confirm the declaration reflects the two-thirds amendment threshold (not the old 80%)
- Verify county registration in Prince George's (HB 360) and Montgomery County
- Check for any Montgomery or PG County commission dispute history
- Read the litigation statement, including §11-131 warranty and collection disputes
- Confirm members have access to records and meeting minutes on request
- Weigh governance quality against the building's financial and reserve needs
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