A bill giving Maryland owners a veto over common-area work above $1,000 died without a vote
A bill giving Maryland owners a veto over common-area work above $1,000 died without a vote
2026-09-12 · Maryland · Legislation · Did not pass
What happened. Maryland statute does not expressly govern how a community association approves a substantial alteration of its common elements. A bill to change that — requiring majority owner approval for anything beyond ordinary maintenance or a job under $1,000 — was heard on 13 March 2026 and died in House Economic Matters without a committee report.1
House Bill 1577 came from Delegate Ross, had no cross-file, and was a first filing.
What it would have required
From the fiscal note:2
- A cooperative housing corporation, condominium or HOA governing body could not renovate, expand, upgrade, or otherwise substantially alter a common element or area without approval of a majority of the community's members — for condominiums and HOAs, a majority of owners in good standing.
- Approval could be obtained by any means to which all members or owners have access — deliberately flexible, allowing electronic voting rather than requiring a meeting.
- Two exemptions: ordinary maintenance or necessary repair or replacement of a common element, and any maintenance, repair or replacement request not exceeding $1,000.
The Department of Legislative Services found no state or local fiscal effect and a minimal small-business effect.
The $1,000 figure is the problem with it
The two exemptions overlap awkwardly, and the arithmetic is what would have made this hard to administer.
The first exemption — ordinary maintenance, necessary repair or replacement — already covers most of what a board spends money on, at any price. A roof replacement is a replacement. A repaved road is a repair. The provision is aimed at the discretionary category: the new playground, the clubhouse refurbishment, the converted tennis court, the entrance feature.
The second exemption then sets a threshold of $1,000 for “any maintenance, repair or replacement request” — which is a very low number for a category already covered by the first exemption, and no number at all for the discretionary category the bill actually targets. Read literally, a discretionary alteration costing $400 would still need an owner vote, because the $1,000 exemption is worded for maintenance and repair rather than for alteration.
Whether that was the intent is impossible to say from a bill that never received a committee report. It is the kind of defect a favourable-with-amendments report exists to fix, and this bill never got one.
What it would have collided with
Two 2026 enactments push in the opposite direction, and that tension is the more interesting story.
Chapter 753, the EV-charging act effective 1 October 2026, provides that a board's installation of charging equipment in common parking is subject to the association's ordinary budget process for a common-area renovation or alteration of similar cost or magnitude — and that governing documents may not unreasonably restrict it, retroactively. The whole design is to route the decision through routine board machinery and to strip out special approval layers.
HB 1577 would have added one. A charging installation is plainly a substantial alteration of a common area rather than ordinary maintenance, so it would have needed a majority owner vote — reimposing at the statutory level the obstacle Chapter 753 removed at the governing-document level.
The same tension runs through Maryland's reserve regime. Since 1 October 2025 associations must fund reserves to the level their study recommends and deposit the contribution by fiscal year end, and boards may raise assessments notwithstanding any cap in the governing documents to do it. Maryland's recent direction has been to give boards more unilateral authority over common-element spending, not less, precisely because owner votes were how deferred maintenance got deferred.
A bill requiring an owner vote for common-area alterations is arguing against that direction. It is a coherent position — owners paying for a project arguably should approve it — but it was not going to pass in the same session that produced Chapter 753.
What actually governs this today
Not statute. The declaration and bylaws, which in most Maryland associations distinguish between maintenance the board simply does and improvements requiring a membership vote or a supermajority, often with a dollar threshold the drafters chose decades ago and never indexed.
Two consequences follow from statutory silence:
The threshold varies by community and is frequently obsolete. A 1985 declaration requiring an owner vote for any improvement over $5,000 now catches routine work, which is the mirror image of HB 1577's drafting problem.
Getting the authority wrong is a real risk. In a reported decision filed 19 December 2025, the Appellate Court of Maryland affirmed a jury verdict of nearly $17 million against the entity enforcing Columbia's covenants, in part because it rejected a proposal that only its architectural review committee had power to reject. “Sole and absolute discretion” language did not enlarge which body held the decision.3 The same reasoning reaches a board that approves an alteration its documents reserve to the membership.
So the answer to “who decides?” in Maryland is: read your declaration, and get it right.
What to watch next
Whether it returns with a workable threshold. A bill distinguishing alterations from maintenance and setting a percentage-of-budget trigger rather than a flat dollar figure would answer both the drafting objection and the obsolescence problem in existing declarations. Nothing like that has been filed.
Maryland bills do not carry over and no 2027 bills exist yet. Pre-file drafting requests are due 20 November 2026 for a session convening 13 January 2027 — the first of a new four-year term after the November election.
Related Maryland HOA Topics
- House Bill 1577 (2026), Common Ownership Communities – Common Areas – Approval of Alterations — first reading 13 February 2026, heard 13 March, no committee report, died at sine die ↩
- Department of Legislative Services fiscal and policy note, HB 1577 (2026) — the majority-owner-approval requirement, the flexible approval method, the two exemptions including the $1,000 threshold, and the finding that Maryland statute does not expressly govern approval of substantial alterations of common elements ↩
- The Howard Research and Development Corporation v. IMH Columbia, LLC, No. 0752, September Term 2024, Appellate Court of Maryland — reported, filed 19 December 2025: a covenant enforcer breached by exercising an approval power the architectural review committee held ↩
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