Sec. 10B-1. Findings; purpose.

*Editor’s note—2010 L.M.C., ch. 10, § 2, states: Transition. Until otherwise amended or superseded, a regulation issued under Chapter 10B before this Act takes effect [July 12, 2010] remains in effect to the extent that the regulation is consistent with Chapter 10B, as amended by this Act. This Act does not affect the term of any member of the Commission on Common Ownership Communities serving when this Act takes effect.

Chapter 10B discussed and interpreted in Dumont Oaks Community Assn. v. Montgomery County, 333 Md. 202, 634 A.2d 459 (1993)—Chapter held within the authority of the County to enact.

See County Attorney Opinion dated 12/19/91 explaining that homeowners associations located in municipalities that have not adopted Chapter 10B must apply to the Commission on Common Ownership Communities for approval of an alternate dispute resolution process before participating in the Roadway Maintenance Reimbursement Program.

Article 1. Commission on Common Ownership Communities.

The Council finds that there is often unequal bargaining power between governing bodies, owners, and residents of homeowners' associations, residential condominiums, and cooperative housing projects. Owners and residents in these common ownership communities are in effect citizens of quasi-governments, which provide services in lieu of government services, levy assessments, and otherwise have a significant impact on the lives and property of owners and residents.

Owners and residents in common ownership communities require the protection of democratic governance. In furtherance of this goal, the Council finds a need to regulate elections, budget adoption, enforcement procedures, and resolution of disputes with adequate due process protections. The Council also finds that the creation of a Commission on Common Ownership Communities will through regulation and education promote an equitable balance between the powers of governing bodies, owners, and residents.

The County Council finds that a Commission on Common Ownership Communities is necessary to advise the County Council, the County Executive, and offices of County government as necessary on ways to:

(a) ensure proper establishment and operation of homeowners' associations, condominium associations, and cooperative housing corporations;

(b) promote education, public awareness and association membership understanding of the rights and obligations of living in a common ownership community;

(d) maintain property values and quality of life in these communities;

(e) assist and oversee in the development of coordinated community and government policies, programs, and services which support these communities; and

(f) prevent potential public financial liability for repair or replacement of common ownership community facilities. (1990 L.M.C., ch. 33, § 1; 1994 L.M.C., ch. 9, § 1; 1996 L.M.C., ch. 13, § 1.)

Sec. 10B-2. Definitions.

In this Chapter, the following words have the following meanings:

Commission means the Commission on Common Ownership Communities.

Common ownership community includes:

(1) a residential development subject to a declaration enforced by a homeowners’ association, as those terms are used in state law;

(2) a residential condominium, as that term is used in state law; and

(3) a cooperative housing project, as that term is used in state law.

Department means the Department of Housing and Community Affairs.

Director means the Director of the Department of Housing and Community Affairs or the Director’s designee. (1990 L.M.C., ch. 33, § 1; 1994 L.M.C., ch. 9, § 1; 1996 L.M.C., ch. 13, § 1; 2005 L.M.C., ch. 26, § 1; 2016 L.M.C., ch. 10, § 1; 2023 L.M.C., ch. 7, §1.)

Editor’s note—2005 L.M.C., ch. 26, §§ 2 and 3, state:

Sec. 2. Regulations. A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.

Sec. 3. Transition. This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect. Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.

Sec. 10B-3. Commission on Common Ownership Communities.

(a) The County Executive must appoint, subject to confirmation by the Council, a Commission on Common Ownership Communities. The Commission consists of 15 voting members.

(1) Eight members should be selected from unit or lot owners or residents of self-managed and professionally managed condominiums, self-managed and professionally managed cooperative housing corporations, and self-managed and professionally managed homeowners' associations, and may include members or former members of governing boards.

(2) Seven members should be selected from persons who are members of professions associated with common ownership communities (such as persons involved in housing development and real estate sales and attorneys who represent community associations, developers, housing management or tenants), including at least one person who is a professional community association manager.

(b) Designees of the County Council (if the Council selects a designee), Planning Board, Department of Environmental Protection, Department of Permitting Services, Department of Transportation, and Department of Housing and Community Affairs are ex-officio nonvoting members of the Commission.

(c) Each voting member serves a 3-year term. Of the members first appointed, one-third must be appointed for 1-year terms, one-third must be appointed for 2-year terms, and one-third must be appointed for 3-year terms. A member must not serve more than 2 consecutive full terms. A member appointed to fill a vacancy serves the rest of the unexpired term. Members continue in office until their successors are appointed and qualified.

(d) Prior to participation in any Commission matter, each voting member must complete:

(1) training required of common ownership community board members under Section 10B-7(c); and

(2) training in the State and local laws on matters within the jurisdiction of the Commission provided or otherwise approved by the County Attorney.

(e) The County Executive, with the consent of the Council, may remove a voting member of the Commission for neglect of or inability to perform the duties of the office, misconduct in office, or serious violation of law. Before the Executive removes a member, the Executive must give the member notice of the reason for removal and a fair opportunity to reply.

(f) Section 2-148(b) applies only to voting members of the Commission.

(g) The Commission must elect one voting member as Chair and another as Vice Chair, to serve at the pleasure of the Commission, and may elect other officers as it determines.

(h) Voting members of the Commission receive no compensation for their services.

(i) The Commission meets at the call of the Chair as often as required to perform its duties, but at least once each month. A majority of the voting members are a quorum for the transaction of business, and a majority of the quorum present at any meeting may take any official action.

(j) The Office must provide the Commission with staff, offices and supplies as are appropriated for it.

(k) The Commission must submit an annual report by September 1 to the County Executive and the County Council summarizing its activities, needs, and recommendations, and the extent to which the goals of this Chapter are being met. (1990 L.M.C., ch. 33, § 1; FY 1991 L.M.C., ch. 9, § 1; 1995 L.M.C., ch. 17, § 1; 1996 L.M.C., ch. 4, § 1; 1996 L.M.C., ch. 13, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2; 2005 L.M.C., ch. 24, § 1; 2005 L.M.C., ch. 26, § 1; 2008 L.M.C., ch. 5, § 1; 2010 L.M.C., ch. 10, § 1; 2016 L.M.C., ch. 10, § 1; 2023 L.M.C., ch. 7, §1.)

Editor’s note—2016 L.M.C., ch. 10, § 3, states: Current members of the Commission must complete the training required under Section 10B-3(d) within 90 days after this Act takes effect.

2008 L.M.C., ch. 5, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.

2005 L.M.C., ch. 26, §§ 2 and 3, state:

Sec. 10B-4. Administrative support.

In selecting staff to carry out the Department’s responsibilities under this Chapter, the Director must consider the recommendations of the Commission. (1990 L.M.C., ch. 33, § 1; 1995 L.M.C., ch. 17, § 1; 1996 L.M.C., ch. 13, § 1; 2005 L.M.C., ch. 26, § 1; 2016 L.M.C., ch. 10, § 1.)

Editor's note-Section 2 of 1995 L.M.C., ch. 17, reads as follows: "Sec. 2. Any regulation in effect on September 28, 1995, which refers to the Office of Common Ownership Communities, the Commission on Common Ownership Communities, the Office of Landlord-Tenant Affairs, or the Commission on Landlord-Tenant Affairs continues in effect, but any reference in any such regulation to the Department of Housing and Community Development or its Director must be treated as a reference to the Office of Consumer Affairs or its Director unless the context clearly indicates a contrary intent."

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