Maryland's fix for its own election law died in both chambers without a hearing vote
Maryland's fix for its own election law died in both chambers without a hearing vote
2026-09-12 · Maryland · Legislation · Did not pass
What happened. Maryland's 2025 election law requires a condominium or HOA election to be run by an independent party. In 2026 both chambers filed a bill to narrow that to elections where there is actually a contest. Neither bill received a vote in any committee.
HB 955 (Delegate Holmes) got a first reading on 5 February 2026 and a hearing notice for 26 February; that is the last recorded action.1 SB 955 (Senator Kagan) got a first reading in Senate Rules on 8 February and no hearing was ever scheduled.2 Both died at sine die on 13 April 2026.
The consequence is simple and current: the 2025 law stands unamended, and it applies to an election with one candidate for one seat exactly as it applies to a contested one.
The one-sentence fix
Both bills proposed the same change to Real Property §§ 11-109 and 11B-118: the independent-party requirement would apply only “when the number of candidates exceeds the number of contested seats.”1
The Department of Legislative Services found no state or local fiscal effect and a minimal small-business effect.3 This was not a bill anyone opposed on cost.
What the 2025 law requires
Chapter 512 of the Acts of 2025 — Senate Bill 758, signed 13 May 2025, effective 1 October 2025 — provides that elections for officers or governing-body members, including collecting and counting ballots and certifying results, must be conducted by independent parties who are not candidates and have no conflict of interest regarding any candidate.4
Who qualifies is where it bites. An owner qualifies if they meet those conditions, do not electioneer for any candidate, and are not objected to by more than 25 percent of eligible voting members. Representatives of the community's property management are not independent parties — unless the management company is owned by the community or its parent association.3
That exclusion is the operative problem. For a professionally managed Maryland association, the person who has always counted the ballots is now disqualified from doing it.
Why an uncontested election is the awkward case
Consider a 40-unit condominium with three seats up and three candidates, which is the ordinary state of affairs in most Maryland associations most years. Nobody is running against anybody. There is nothing to certify beyond the fact that three people were willing to serve.
Under Chapter 512 as written, that election still requires an independent party to collect and count the ballots and certify the result. The managing agent cannot do it. A candidate cannot do it. So the board must find a non-candidate owner willing to take it on — who then has to avoid electioneering and remain unobjected-to by a quarter of the membership — or engage counsel or an election vendor, at cost, to administer a race with no contest in it.
That is the friction the cleanup bill was aimed at, and it is not a hypothetical objection: it is the reason the law's own Senate sponsor filed the amendment.
What else CAI wanted, and did not get
The bills as filed carried only the contested-election limit. The community-association industry's list was longer. CAI's Maryland Legislative Action Committee supported HB 955 and SB 955 and reports that it also sought:5
- a clearer statutory definition of “independent party”;
- an exemption for small associations;
- and repairs to the proxy-holder provisions.
None of it was enacted, because no version of the bill moved at all.
The committee's end-of-session report is unusually direct about what happens next, and it names names: “We encourage you to continue to communicate with the sponsors, Delegate Holmes and Senator Kagan, to let them know that amendments are still needed to correct the unintended consequences of the 2025 law.”5
Of the twenty-odd Maryland community-association bills that died this session, this is the only one an organised interest has publicly queued for a refile.
Two committees, two different ways of not acting
The bills died for different procedural reasons, and the distinction predicts their prospects.
HB 955 went to House Economic Matters, the standing committee for this subject, which noticed a hearing and then reported nothing. Economic Matters was busy: it also killed the owners' bill of rights, manager licensing, reserve-study exemptions, the common-area alteration vote and the online-resale-disclosure bill this session, while reporting out the oversight division, the recording mandate, the fee cap and statewide board training.
SB 955 went to Senate Rules, which is where Maryland routes bills introduced after the chamber's introduction deadline. Most die there without a hearing, and this one did — the same fate as SB 981, the oversight cross-file, first-read in Rules a week later. A bill in Rules has a process problem before it has a policy problem, and filing earlier is the fix.
What an association has to live with meanwhile
Chapter 512 is in force and has been through one full election cycle. Its other provisions are unchanged too, and they travel with the election rule:
- No fee may be charged for in-person examination or electronic transmission of financial statements. Copying and delivery charges for other records remain permissible.
- Condominiums must provide reasonable common-area access for owner organising and campaigning, and boards may not retaliate against owners exercising governance rights. Conflicting governing-document provisions are unenforceable.
- Full-membership condominiums — where all owners constitute the governing body — are exempt from the independent-party requirement. That is the only exemption in the statute, and it is not the small-association exemption CAI asked for.
One citation caution. Some 2025 roundups present the law as “HB 1534/SB 758.” HB 1534 did not pass — it stalled after second reading with amendments in April 2025. Chapter 512 came through the Senate bill alone.6
What to watch next
The pre-file window. Drafting requests are due 20 November 2026 and pre-file approval 10 December 2026, and the 2027 session convenes 13 January 2027. A pre-filed Senate bill avoids the Rules routing that killed SB 955; that single procedural choice is the most reliable signal of whether the fix is being pursued seriously.
Both named sponsors must also return. The 2027 session is the first of a new four-year term following the 3 November general election.
Related Maryland HOA Topics
- House Bill 955 (2026), Real Property – Condominiums and Homeowners Associations – Elections — first reading 5 February 2026, hearing noticed 26 February, no committee report, died at sine die ↩
- Senate Bill 955 (2026) — first reading in Senate Rules 8 February 2026, no hearing scheduled, died at sine die ↩
- Department of Legislative Services fiscal and policy note, HB 955 (2026) — the contested-election limit, current-law independent-party conditions including the 25 percent objection threshold and the property-management exclusion ↩
- Senate Bill 758 (2025), Condominiums and Homeowners Associations – Elections, Financial Statements, and Enforcement — Chapter 512, signed 13 May 2025, effective 1 October 2025 ↩
- CAI Advocacy, 2026 Maryland End of Legislative Session Report — support for SB 955/HB 955, the further amendments sought, and the call to keep lobbying the named sponsors ↩
- House Bill 1534 (2025) — the cross-file that did NOT pass; stalled after second reading with amendments, April 2025 ↩
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