Maryland's association sign-protection window grew to 45 days, and it was law the day it was signed
Maryland's association sign-protection window grew to 45 days, and it was law the day it was signed
2026-09-12 · Maryland · Legislation
What happened. Maryland lengthened the window in which a community association may not restrict candidate or ballot-proposition signs from 30 days to 45 days before voting begins — and made it effective immediately rather than on the usual 1 October date. The Governor signed both cross-files on 28 April 2026: House Bill 855 became Chapter 289 and Senate Bill 758 became Chapter 288.12
Of everything the 2026 session did to Maryland community-association law, this is the only piece already in force. The EV-charging act waits for October, the insurance act for October 2027. This one has been binding since April, which matters because Maryland's general election falls on 3 November 2026.
What changed, precisely
The act repealed and re-enacted, with amendments, three parallel provisions — one for each Maryland community-association form:
- Real Property § 11-111.2 — condominiums
- Real Property § 11B-111.2 — homeowners associations
- Corporations and Associations § 5-6B-23 — cooperative housing corporations
The protected display period now opens 45 days before the start of early voting rather than 30. Practitioners reading the enacted text report the post-election protection is unchanged at seven days.3
The timing hook is the one detail worth reading twice. The clock runs from the start of early voting, not from election day — so in Maryland, where early voting opens well before the election itself, the practical protected period is considerably longer than “45 days before the election” would suggest.
Two chapters, one rule — and why both get cited
Something unusual happened here. Maryland cross-files ordinarily produce one law: one chamber's bill is enacted and the other dies, as happened this session with the insurance act (SB 747 passed, HB 469 died) and the Charles County training act (SB 573 passed, HB 913 died).
Both sign bills passed. HB 855, from Delegates Holmes and Healey, cleared the House 128–0 on 4 March and the Senate 45–0 on 13 April.1 SB 758 cleared the Senate 45–0 on 19 March and the House 130–0 on 8 April.2 Both were signed the same day, and both received chapter numbers — 289 and 288.
The consequence is bibliographic but real: the codified text of § 11-111.2 was amended by two chapters of the Acts of 2026. Anyone tracing the provenance of the 45-day figure should cite both, not one.
There is also a numbering trap. SB 758 of 2025 is Chapter 512, the election and records act — an entirely different and much larger law. SB 758 of 2026 is Chapter 288, this one. The bill numbers repeated across sessions by coincidence, and a citation to “SB 758” without a year is ambiguous in Maryland to a degree that actually misleads.
Why the emergency treatment
The bill pages record the effective date as “Upon Enactment.”1 Maryland's default is 1 October, and an immediate date requires the legislature to decide the delay would defeat the purpose.
Here the arithmetic explains itself. A law taking effect on 1 October 2026 would have reached a window already open for a 3 November election. Passing a 45-day protection that arrives after the 45 days have begun would have been a dead letter for an entire cycle, and Maryland runs statewide elections every two years. Immediate enactment bought the change a real election to operate in — this one.
What a board has to do about it
The fifteen extra days are the whole of it, and the compliance risk is almost entirely a calendar problem rather than a policy one.
- A rule that still says 30 days is now wrong on its face. It does not need to be re-adopted to be unenforceable — the statute governs regardless — but leaving the old number in a published rules packet invites exactly the dispute nobody wants during an election.
- Enforcement staff need the early-voting date, not the election date. A manager counting back 45 days from 3 November lands in mid-September; counting back 45 days from the start of early voting lands considerably earlier. The statute keys to the latter.
- The rule reaches all three forms. Cooperative housing corporations are covered through Corporations and Associations § 5-6B-23, which is easy to miss because co-ops sit outside the Real Property Article entirely.
What the act does not do is worth stating plainly: it does not create an unrestricted right to post signs, and it does not touch size, number, placement or structural-attachment rules outside the window. It sets a period during which restriction is barred, and nothing more.
What to watch next
Nothing, legislatively. Maryland's own pages record that with the 2026 act enacted, no further proposal to change the association sign rules was pending at the close of the session, and no 2027 bills exist yet — the pre-file drafting deadline is 20 November 2026.
The live question is empirical. This is the first Maryland election run under a 45-day window, and the first real test of whether the early-voting trigger is administrable for a volunteer board. If it is not, a technical amendment in 2027 is the obvious remedy — though Maryland's record on community-association cleanup bills is poor: the 2026 attempt to repair the 2025 election law died in both chambers without a vote.
Related Maryland HOA Topics
- House Bill 855, Maryland General Assembly 2026 Regular Session — bill record, Chapter 289, approved 28 April 2026, effective upon enactment; House 128-0, Senate 45-0 ↩
- Senate Bill 758 (2026), Common Ownership Communities – Candidate or Proposition Signs – Display Period — Chapter 288, the cross-file enacted alongside HB 855 ↩
- Whiteford Taylor Preston, 2026 Maryland Legislative Update for Common Ownership Communities (45 days before start of early voting; seven-day post-election window) ↩
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