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Maryland has ordered a building-by-building reserve shortfall census of its older condos, due 1 December

Maryland has ordered a building-by-building reserve shortfall census of its older condos, due 1 December
Maryland · Regulation

Maryland has ordered a building-by-building reserve shortfall census of its older condos, due 1 December

What happened. Maryland has told its housing department to go and count. House Bill 956, approved by the Governor on 26 May 2026 as Chapter 779 of the Acts of 2026, requires the Department of Housing and Community Development to study every building in the state more than 40 years old that contains a condominium, and to report to the General Assembly on or before 1 December 2026.1

It took effect on 1 June 2026, so the work is already under way, and the report is eighty days out. It is the only study or task force the 2026 session created touching Maryland community associations.

The six things DHCD has to find out

Chapter 779 is short and specific. For each qualifying building the department must determine:2

  1. the number of buildings in the State more than 40 years old containing a condominium;
  2. the number of condominium units in each;
  3. the average age of the unit owners in each;
  4. the average annual income of the unit owners in each;
  5. the date the most recent reserve study was completed for each; and
  6. the difference between the current amount in each reserve fund and the amount required to be in it.

Item six is the one that matters. Maryland has required reserve studies since 2022 and reserve funding since October 2025, but nobody has ever published how far short the older stock actually falls. Chapter 779 turns that into a number the legislature will hold in its hand while it writes the 2027 session's bills.

What it is not

It creates no obligation for any association and no inspection requirement. Maryland still has no structural or milestone inspection statute of the kind Florida adopted after Surfside, and no bill proposing one was introduced in 2026. Chapter 779 is a data exercise, and it is honest about being one.

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The fight on the floor

A study bill that passes unanimously tells you nothing. This one did not.

Delegate Rosenberg's bill passed the House 95–37 on 18 March 2026. In the Senate it was referred first to Education, Energy and the Environment, then reassigned to Judicial Proceedings on 30 March — itself a signal that the committee structure had not settled on whether this was a housing question or a property-law one. Judicial Proceedings reported it favourably on 9 April. Then, on sine die day, a motion to defer the bill was rejected 15–28 and it passed third reading 33–10.1

Somebody tried to kill a study of condominium reserves on the last day of the session and lost by thirteen votes. That is the most revealing procedural fact of Maryland's 2026 community-association session.

It self-destructs in June 2027

Chapter 779 carries a sunset: the Act remains effective for one year and one month and is then abrogated on 30 June 2027 with no further legislative action required.2

That is not incidental drafting. A study statute that expires seven months after its own report deadline is designed to produce one document and disappear — which means the 2027 session is the only session that gets to act on it while the authority still exists. If the report lands on 1 December and the legislature convenes on 13 January 2027, there are roughly six weeks between publication and the point where a bill has to be drafted.

The problem nobody has solved

Lerch Early Brewer's alert on the 2026 session makes an observation that deserves more attention than it has had: “It is unclear how the information to complete the survey will be obtained.”3

Consider what DHCD has been asked for. Maryland does not maintain a register of condominium associations, their reserve studies, or their reserve balances. There is no filing requirement — the bill that would have created one, HB 402's governing-document database, died in the Senate this session. Items three and four ask for owner demographics and income, which no association routinely holds. Item six asks for a reserve balance and a required balance, the second of which depends on a reserve study the department has no mechanism to demand.

Whiteford Taylor Preston's advice to boards of older buildings is accordingly practical: be ready to cooperate with inquiries from DHCD.4 A voluntary-response survey is the likeliest instrument, and the response rate will determine how much weight the December document can bear.

There is a further oddity. DHCD's own 79-slide State of Maryland Housing 2026 Update, delivered to House Economic Matters on 27 January 2026, does not mention condominiums, HOAs or reserves once, and the department's common-ownership-communities page does not acknowledge that the study exists.5 Neither is evidence the work is not happening — the act post-dates the briefing — but there is no public sign of it either.

The amendment that shaped the data

The bill was amended in committee and on the floor. One change is documented and worth knowing: items three and four originally asked for the age and income of “each condominium unit owner” and were amended to “the condominium unit owners” — aggregating what would otherwise have been a per-person record.2 Maryland REALTORS records this as its own amendment, made to protect condominium-owner privacy, and its position on the bill as “Support with Amendments.”6

The practical effect is that the December report will give averages per building rather than a dataset of identified owners — adequate for policy, useless for anyone hoping to identify distressed individual owners.

What to watch next

Three dates, in order.

Late November 2026. The report, or a signal that it will be late. There is no published interim output.

20 November and 10 December 2026. Maryland's pre-file deadlines — drafting requests by 20 November, approval for pre-file introduction by 10 December. A legislator who wants a 2027 reserve or inspection bill built on this report has to request drafting before the report exists, which is a real constraint on how responsive the 2027 session can be.

13 January 2027. The session convenes, and it is the first of a new four-year term following the 3 November election. Every unpassed 2026 bill is gone; the reserve-relief measures that failed this year — four separate attempts, all dead — would have to be filed again by whoever returns.

Related Maryland HOA Topics

← All Maryland HOA Topics

  1. House Bill 956, Maryland General Assembly 2026 Regular Session — bill record and synopsis, Chapter 779, approved 26 May 2026, effective 1 June 2026; House 95-37, motion to defer rejected 15-28, Senate 33-10
  2. Chapter 779 of the Acts of 2026 (HB 956), enrolled text — the six required findings, the 1 December 2026 report deadline, and the 30 June 2027 abrogation
  3. Lerch Early Brewer, 2026 Community Associations Maryland Legislative Updates ("It is unclear how the information to complete the survey will be obtained")
  4. Whiteford Taylor Preston, 2026 Maryland Legislative Update for Common Ownership Communities (advice to older-building boards to be ready for DHCD inquiries)
  5. Maryland Department of Housing and Community Development, Common Ownership Communities (no published reference to the Chapter 779 study as of 12 September 2026)
  6. Maryland REALTORS, Summary of 2026 Real Estate Legislation (position: Support with Amendments; privacy amendment aggregating owner age and income)

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