Maryland's owners' bill of rights has now died in four consecutive sessions without a single committee vote
Maryland's owners' bill of rights has now died in four consecutive sessions without a single committee vote
2026-09-12 · Maryland · Legislation · Did not pass
What happened. A statutory bill of rights for the roughly one million Marylanders who live in community associations died in the House Economic Matters Committee for the fourth consecutive session. House Bill 537 was given a first reading on 27 January 2026 and a hearing notice for 19 February. That is the last recorded action; it died at sine die on 13 April 2026.1
Across four sessions and five filings, no version has ever been reported out of committee. There has never been a committee vote to lose.
What it would have guaranteed
Delegate Holmes's bill would have created a statutory bill of rights for condominium unit owners, cooperative members and HOA lot owners, adding it at Real Property § 1-105. From the fiscal note, the rights included:2
- Elections: a secret ballot, administered by neutral parties, with results auditable on request; the right to stand as a candidate; and the right to recall an incumbent board member.
- Money: the right to vote on specified financial matters, and on new capital projects by referendum where the governing documents permit.
- Amenities: the right to use all community facilities at a cost not exceeding half what is charged to non-owner eligible users.
- Enforcement: due process in enforcement — written notice of the violation, an opportunity to present evidence and cross-examine witnesses at a proper hearing, and a reasonable period to abate.
- Competence: a governing body and community manager who are properly trained and indemnified, providing due process and equal protection.
- Records: timely access to community documents, including inspection and copying.
The Department of Legislative Services put the cost on the Attorney General's office: $316,100 in FY 2027, rising to $413,400 by FY 2031, for staff and software. Small-business effect: “potential meaningful.”2
The two provisions that made it a fight
Most of the list is uncontroversial in the abstract — few people argue against written notice of a violation. Two items are different in kind.
Cross-examination at a fining hearing. This converts an association's internal enforcement process into something resembling an adjudication. A Maryland board hearing a fence or pet complaint would have to allow the owner to question the complaining neighbour or the manager who wrote the violation. For volunteers, that is a materially different proceeding to run, and it is the provision most likely to produce procedural challenges to fines that are otherwise valid.
The half-price amenity rule. Capping what an association may charge an owner at half the non-owner rate reaches into pricing for pools, courts and clubhouses. It presumes a non-owner rate exists, which in many associations it does not, and in a community that rents amenities to outsiders to subsidise owner costs it inverts the arithmetic.
Both are drafting problems as much as policy ones, and a committee that never reports a bill never has to engage with them.
Four sessions, five filings, one committee
The refiling record is unusually clean:1
- 2023 — HB 29. Died after a 26 January hearing.
- 2024 — HB 266 and SB 447. Both died after February hearings.
- 2025 — HB 557. Died after an 11 February hearing. Maryland's own bill page lists HB 537 as related to it.
- 2026 — HB 537. Died after a 19 February hearing notice.
Every filing has followed the identical arc: introduction in late January, a hearing in mid-February, and then silence for two months. CAI's Maryland Legislative Action Committee opposed it and records it as having died in House Economic Matters.3
What makes 2026 notable is the contrast with the sponsor's other bills. The same delegate got the oversight division through the House 99–35 and statewide board training through 92–29. The bill of rights did not move at all. Whatever is stopping it is specific to this bill, not to its sponsor.
Where the individual rights actually stand
Worth separating what Maryland already has from what the bill would have added, because the gap is narrower than the bill's framing suggests — and narrowing.
Already law. Since 1 October 2025, Chapter 512 of the Acts of 2025 requires condominium and HOA elections to be conducted by an independent party with no conflict of interest, bars any fee for examining or electronically transmitting financial statements, requires condominiums to provide reasonable common-area access for owner organising and campaigning, and bars retaliation against owners exercising governance rights — with conflicting governing-document provisions unenforceable. The neutral-election-administration right the bill sought is, in substance, already there.
That same act also gave the Attorney General's Consumer Protection Division enforcement jurisdiction over every violation of both Acts, and express authority to adopt regulations under them. Which reframes the bill's $316,100 price tag: the office the money was for now has the authority without the appropriation.
Still not law. Recall of board members, auditable election results, cross-examination at enforcement hearings, the amenity price cap, referendum rights on capital projects, and mandatory board training statewide — that last one having passed the House this year as HB 502 and died in Senate Judicial Proceedings without a vote.
Locally, in two counties, more. Prince George's County's March 2026 rules require an owners-only document portal, quarterly open meetings, copying at ten cents a page, and board training as a condition of membership. A Prince George's owner already has several of the bill's rights by county resolution.
Who is asking for it
CHARM Maryland, the state's organised homeowner-reform group, published nineteen position statements in early March 2026. Its two named legislative asks were a right to record board meetings and a state oversight division to receive homeowner complaints — not a bill of rights. Its framing is that current state law “favors developers, boards of directors, and management companies, and do[es] not protect the interests of homeowners.” It has published nothing since 8 April 2026.4
So the bill of rights is, on the public record, a legislator's project rather than an organised campaign's demand — which may explain why it attracts opposition but not advocacy.
What to watch next
Whether a fifth filing narrows it. A bill that has drawn four hearings and no committee report has been given as much information as a legislature can give. The individually severable rights — recall, auditable results, enforcement due process — would each be a short, cheap bill, and none of them carries the $316,100 the omnibus version did.
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 3 November election.
Related Maryland HOA Topics
- House Bill 537 (2026), Residential Owners in Common Ownership Communities – Bill of Rights — first reading 27 January 2026, hearing noticed 19 February, no committee report, died at sine die; listed as related to HB 557 of 2025 ↩
- Department of Legislative Services fiscal and policy note, HB 537 (2026) — the enumerated rights including secret ballot, neutral administration, auditable results, recall, cross-examination at enforcement hearings and the half-price amenity cap; $316,100 in FY 2027 rising to $413,400 by FY 2031 ↩
- CAI Advocacy, 2026 Maryland End of Legislative Session Report — HB 537 opposed, recorded as died in House Economic Matters ↩
- CHARM Maryland (Common Ownership Community Homeowners Advocating for Reform) — published position statements; the group's two named legislative asks are a right to record board meetings and a state oversight division ↩
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