Maryland quadrupled its bankruptcy homestead exemption, and HOA collections got harder in June
Maryland quadrupled its bankruptcy homestead exemption, and HOA collections got harder in June
2026-09-12 · Maryland · Legislation
What happened. Maryland increased the amount of home equity a debtor can protect in bankruptcy and, for the first time, extended that protection to a residence held in a revocable trust. Senate Bill 939 was signed on 12 May 2026 as Chapter 400 of the Acts of 2026 and took effect 1 June 2026 — so it has been operating for three months.1
It is not a community-association bill and it is not in the Real Property Article. It amends Courts and Judicial Proceedings § 11-504 and Estates and Trusts § 14.5-103. It reaches Maryland associations anyway, because every assessment-collection decision is ultimately a judgment about recoverable equity.
What the statute says, and what we could not verify
The legislature's synopsis is precise about direction and silent about amount:
“Providing that the exemption for owner-occupied residential real property in a bankruptcy proceeding includes certain real property held in a revocable trust; and altering the amount of the exemption for owner-occupied residential real property in a bankruptcy proceeding.”1
No dollar figure appears on the bill page. Practitioner analyses report the new exemption as $125,000, replacing a figure tied to the federal amount as periodically adjusted — roughly $31,575 — and report a combined cap of $125,000 where multiple individuals claim the exemption in the same property in the same case.2
We checked the codified text on the legislature's own site and it had not yet been updated when we looked: it still cross-references 11 U.S.C. § 522(d)(1) as adjusted, and still carries the older “husband and wife” formulation of the single-claim rule.3 The pre-amendment federal reference is consistent with the reported $31,575 starting point, which corroborates the direction of travel. Treat the $125,000 figure as practitioner-sourced until the codified text catches up.
Why it matters to associations
Maryland associations enforce unpaid assessments through the Maryland Contract Lien Act, Real Property §§ 14-201 to 14-206, and through the condominium lien provisions at § 11-110. The route is: record a statement of lien, then pursue the lien or a money judgment.
A homestead exemption does not touch the lien. It touches what happens after a Chapter 7 filing, and specifically how much of the owner's equity is beyond reach. Quadrupling the protected amount shifts the calculation on a common fact pattern: a delinquent owner with modest equity in a modest home. Where recoverable equity was previously the argument for pressing to judgment, more of it is now exempt.
The practical consequence is that a consensual payment plan becomes comparatively more attractive than an aggressive collection posture, on the same arrears. That is not legal advice about any particular account — and this publication does not offer predictions about individual disputes — but it is the category-level shift the change produces.
The revocable-trust extension closes a real gap. Maryland homeowners who put their residence into a living trust for estate-planning reasons previously risked losing the exemption for having done so. That is now expressly covered.
The Maryland collections story this lands in
The timing matters, because 2026 has been an unusually pointed year for Maryland association collections.
In December 2025 the Attorney General's Consumer Protection Division announced a Final Order against a community-association management company over late fees charged above the statutory limit, carrying $1.3 million in civil penalties and $179,000 in costs, plus restitution and restoration of more than $25,000 withdrawn from an association's own account without authorisation.4 The statutory limit it applied is worth memorising: Maryland's HOA Act permits a late charge of the greater of $15 or 10 percent of the delinquent installment, once per delinquency, and only after 15 calendar days.
In July 2026 the Baltimore Sun published an investigation into Maryland association foreclosures, centred on a Baltimore condominium owner whose unit was bought by his own association for $10,000 at a May 2026 auction after a dispute that began with a bathroom-ceiling leak. He alleges the association charged more than $60,000 in attorney fees, filed inaccurate lien amounts, and misapplied his payments; the association's counsel says he failed to pay and ignored court judgments. He filed for bankruptcy and still lives in the unit. The Sun reported interviewing a few dozen Maryland homeowners describing boards and managers that lack transparency and produce unexpected bills.5
Those allegations are contested and the underlying docket is not something we have examined. The structural point stands regardless: a bankruptcy filing is where a contested Maryland assessment dispute frequently ends up, and Chapter 400 changes what a filing achieves.
It is worth adding that Maryland's super-priority lien — the slice that outranks a first mortgage — is capped at four months of regular assessments, maximum $1,200, and excludes fines, late charges and attorney fees. Large attorney-fee balances cannot ride the priority lien; they can only travel with an ordinary lien or judgment, which is precisely the class of claim a larger homestead exemption impairs.
The votes
Senator Henson's bill was uncontroversial. It passed the Senate 44–0 on 19 March 2026 after a favourable committee report with amendments, passed the House 128–7 on 13 April, and the Senate concurred in the House amendments and passed it 45–0 the same day.1 It was cross-filed with HB 1098.
The 1 June effective date is also notable: Maryland's default is 1 October, and an earlier date means the legislature wanted it working within weeks rather than months.
What else changed, and what did not
Nothing in the Maryland Contract Lien Act. No 2026 bill amended §§ 14-201 to 14-206 or the HOA assessment-lien procedure. Association lien and foreclosure mechanics are as they were.
The one bill that would have reached foreclosure timing, HB 523, died. It would have required an order to docket or complaint to foreclose to be filed within 10 years after the last payment. It passed the House 110–23, was reported favourably with amendments by Senate Judicial Proceedings on sine die day, and then lost to a special-order motion as the session ended.6
So the collections landscape changed in 2026 through a bankruptcy statute and an enforcement order — not through anything in the Real Property Article.
What to watch next
The codified text. Until Courts and Judicial Proceedings § 11-504 is updated on the legislature's site, the operative figure has to be taken from the enrolled chapter, and anyone publishing the number should say where they got it.
And HB 523's refile. A ten-year outer limit on commencing foreclosure reached a favourable Senate committee report this year for the first time, on its second filing. Pre-file drafting requests are due 20 November 2026 for a session convening 13 January 2027.
Related Maryland HOA Topics
- Senate Bill 939, Maryland General Assembly 2026 Regular Session — bill record and synopsis, Chapter 400, approved 12 May 2026, effective 1 June 2026; Senate 44-0, House 128-7, Senate concurrence 45-0. No dollar amount appears on the page ↩
- Friedman Vartolo, Maryland expands residential bankruptcy exemptions through SB 939 — practitioner analysis reporting the $125,000 exemption, the prior federal-linked figure, and the combined multi-claimant cap ↩
- Maryland Code, Courts and Judicial Proceedings § 11-504 — codified text as served by the General Assembly on 12 September 2026, still referencing 11 U.S.C. § 522(d)(1) as adjusted and the older single-claim formulation ↩
- Office of the Attorney General of Maryland, Final Order against a community-association property manager, 3 December 2025 — $1.3 million in civil penalties and the statutory late-charge limit of the greater of $15 or 10 percent after 15 days ↩
- Lorraine Mirabella, The Baltimore Sun, 26 July 2026 — investigation into Maryland HOA and condominium foreclosures (allegations contested by the association) ↩
- House Bill 523 (2026), Real Property – Residential Foreclosures – Commencement Restrictions — the ten-year limit; passed House 110-23, favourable Senate committee report 13 April 2026, died on a special-order motion at sine die ↩
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