2026-09-12 · Maryland · Regulation

What happened. The Maryland General Assembly spent the 2026 session refusing to create a state regulator for community associations. House Bill 402's oversight division died in the Senate. Baltimore County's local commission died in the Senate. Manager licensing died in committee. The owners' bill of rights died in committee.

All of which obscures something already done. Since 1 October 2025, the Attorney General's Division of Consumer Protection has had enforcement jurisdiction over every violation of the Maryland Condominium Act and the Maryland Homeowners Association Act — and express statutory authority to write regulations under both. It arrived in Chapter 512 of the Acts of 2025, and it has not been used.¹

The words that were deleted

Chapter 512's enrolled text shows the change as a strike-out, and it is small enough to quote in full. Real Property § 11B-115(c) used to open with a qualifier:

“[To the extent that] a violation … affects a consumer, that violation”

It now reads:

“A VIOLATION OF THIS TITLE shall be within the scope of the enforcement duties and powers of the Division of Consumer Protection.”¹

Three further changes travelled with it:

• “Consumer” was widened. The definition previously reached a recipient of a lot in a development — a purchaser. It now also reaches a lot owner, with the parallel condominium provision at § 11-130 reaching a unit owner. Existing owners, not just buyers, are inside the Consumer Protection Act.
• The diffusion clause was removed. The old subsection making the Acts enforceable by “each agency of the State within the scope of its authority” was deleted, concentrating the function.
• Rulemaking was granted. A new subsection: “THE DIVISION OF CONSUMER PROTECTION … MAY ADOPT REGULATIONS TO CARRY OUT THIS TITLE.”

Bringing owners inside the definition of “consumer” has a second-order effect that is easy to miss: it opens the private route as well as the public one, because the Maryland Consumer Protection Act carries attorney-fee recovery.

1. Chapter 512 of the Acts of 2025 (SB 758), enrolled text — Real Property §§ 11-130 and 11B-115 as amended: deletion of the "affects a consumer" limitation, widening of "consumer" to lot and unit owners, and new authority to adopt regulations ↩
2. Office of the Attorney General of Maryland, Final Order against a community-association property manager, 3 December 2025 — $1.3 million in civil penalties, $179,000 in costs, and the statutory late-charge limit ↩
3. COMAR Title 02, Subtitle 01 (Office of the Attorney General) — new Chapter 02.01.11, Abusive Practices, effective 6 July 2026 (53:13 Md. R. 586); Chapter 02.01.06, Consumer Protection Division arbitration procedure, amended effective 27 April 2026 ↩
4. Opinions of the Attorney General of Maryland — no 2025 or 2026 opinion or pending request on condominiums, homeowners associations, cooperatives or community managers ↩