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Montgomery County Overview
Montgomery County Code
Preliminary Information
Preface
Part I. The Charter. [Note]
Part II. Local Laws, Ordinances, Resolutions, Etc.
Chapter 1. General Provisions.
Chapter 1A. Structure of County Government.
Chapter 2. Administration. [Note]
Chapter 2A. Administrative Procedures Act. [Note]
Chapter 2B. AGRICULTURAL LAND PRESERVATION.*
Chapter 3. Air Quality Control. [Note]
Chapter 3A. Alarms. [Note]
Chapter 4. Amusements. [Note]
Chapter 5. Animal Control. [Note]
Chapter 5A. Arts and Humanities. [Note]
Chapter 6. Auction Sales.
Chapter 6A. Beverage Containers. [Note]
Chapter 7. Bicycles. [Note]
Chapter 7A. Off-the-road Vehicles
Chapter 8. Buildings. [Note]
Chapter 8A. Cable Communications. [Note]
Chapter 9. Reserved.*
Chapter 9A. Reserved. [Note]
Chapter 10. Reserved.*
Chapter 10A. Child Care.
Chapter 10B. Common Ownership Communities. [Note]
Chapter 11. Consumer Protection. [Note]
Chapter 11A. Condominiums. [Note]
Chapter 11B. Contracts and Procurement. [Note]
Chapter 11C. Cooperative Housing. [Note]
Chapter 12. Courts. [Note]
Chapter 13. Detention Centers and Rehabilitation Facilities. [Note]
Chapter 13A. Reserved*.
Chapter 14. Development Districts.
Chapter 15. Eating and Drinking Establishments. [Note]
Chapter 15A. ECONOMIC DEVELOPMENT.*
Chapter 16. Elections. [Note]
Chapter 17. Electricity. [Note]
Chapter 18. Elm Disease. [Note]
Chapter 18A. ENVIRONMENTAL SUSTAINABILITY [Note]
Chapter 19. EROSION, SEDIMENT CONTROL AND STORMWATER MANAGEMENT. [Note]
Chapter 19A. Ethics. [Note]
Chapter 20. Finance. [Note]
Chapter 20A. Special Obligation Debt.
Chapter 21. Fire and Rescue Services.*
Chapter 22. Fire Safety Code. [Note]
Chapter 22A. Forest Conservation - Trees. [Note]
Chapter 23. RESERVED*
Chapter 23A. Group Homes. [Note]
Chapter 23B. Financial Assistance to Nonprofit Service Organizations. [Note]
Chapter 24. Health and Sanitation.
Chapter 24A. Historic Resources Preservation. [Note]
Chapter 24B. Homeowners' Associations. [Note]
Chapter 25. Hospitals, Sanitariums, Nursing and Care Homes. [Note]
Chapter 25A. Housing, Moderately Priced. [Note]
Chapter 25B. Housing Policy. [Note]
Chapter 26. Housing and Building Maintenance Standards.*
Chapter 27. Human Rights and Civil Liberties.
Chapter 27A. Individual Water Supply and Sewage Disposal Facilities. [Note]
Chapter 28. RESERVED.* [Note]
Chapter 29. Landlord-Tenant Relations. [Note]
Chapter 29A. Legislative Oversight.
Chapter 30. Licensing and Regulations Generally. [Note]
Chapter 30A. Montgomery County Municipal Revenue Program. [Note]
Chapter 30B. RESERVED*
Chapter 30C. Motor Vehicle Towing and Immobilization on Private Property. [Note]
Chapter 31. Motor Vehicles and Traffic.
Chapter 31A. Motor Vehicle Repair and Towing Registration. [Note]
Chapter 31B. Noise Control. [Note]
Chapter 31C. NEW HOME BUILDER AND SELLER REGISTRATION AND WARRANTY. [Note]
Chapter 32. Offenses-Victim Advocate. [Note]
Chapter 33. Personnel and Human Resources. [Note]
Chapter 33A. Planning Procedures. [Note]
Chapter 33B. Pesticides. [Note]
Chapter 34. Plumbing and Gas Fitting. [Note]
Chapter 35. Police. [Note]
Chapter 36. Pond Safety. [Note]
Chapter 36A. Public Service Company Underground Facilities.
Chapter 37. Public Welfare. [Note]
Chapter 38. Quarries. [Note]
Chapter 38A. Radio, Television and Electrical Appliance Installation and Repairs. [Note]
Chapter 39. Rat Control. [Note]
Chapter 40. Real Property. [Note]
Chapter 41. Recreation and Recreation Facilities. [Note]
Chapter 41A. Rental Assistance. [Note]
Chapter 42. Revenue Authority. [Note]
Chapter 42A. Ridesharing and Transportation Management. [Note]
Chapter 43. Reserved.*
Chapter 44. Schools and Camps. [Note]
Chapter 44A. Secondhand Personal Property. [Note]
Chapter 45. Sewers, Sewage Disposal and Drainage. [Note]
Chapter 46. Slaughterhouses.
Chapter 47. Vendors.
Chapter 48. Solid Waste (Trash). [Note]
Chapter 49. Streets and Roads.*
Chapter 49A. Reserved.*
Chapter 50. Subdivision of Land. [Note]
Chapter 51. Swimming Pools. [Note]
Chapter 51A. Tanning Facilities. [Note]
Chapter 52. Taxation.* [Note]
Chapter 53. TAXICABS.*
Chapter 53A. Tenant Displacement. [Note]
Chapter 54. Transient Lodging Facilities. [Note]
Chapter 54A. Transit Facilities. [Note]
Chapter 55. TREE CANOPY. [Note]
Chapter 56. Urban Renewal and Community Development. [Note]
Chapter 56A. Video Games. [Note]
Chapter 57. Weapons.
Chapter 58. Weeds. [Note]
Chapter 59. Zoning.
Part III. Special Taxing Area Laws. [Note]
Appendix
Montgomery County Zoning Ordinance (2014)
COMCOR - Code of Montgomery County Regulations
COMCOR Code of Montgomery County Regulations
FORWARD
CHAPTER 1. GENERAL PROVISIONS - REGULATIONS
CHAPTER 1A. STRUCTURE OF COUNTY GOVERNMENT - REGULATIONS
CHAPTER 2. ADMINISTRATION - REGULATIONS
CHAPTER 2B. AGRICULTURAL LAND PRESERVATION - REGULATIONS
CHAPTER 3. AIR QUALITY CONTROL - REGULATIONS
CHAPTER 3A. ALARMS - REGULATIONS
CHAPTER 5. ANIMAL CONTROL - REGULATIONS
CHAPTER 8. BUILDINGS - REGULATIONS
CHAPTER 8A. CABLE COMMUNICATIONS - REGULATIONS
CHAPTER 10B. COMMON OWNERSHIP COMMUNITIES - REGULATIONS
CHAPTER 11. CONSUMER PROTECTION - REGULATIONS
CHAPTER 11A. CONDOMINIUMS - REGULATIONS
CHAPTER 11B. CONTRACTS AND PROCUREMENT - REGULATIONS
CHAPTER 13. DETENTION CENTERS AND REHABILITATION FACILITIES - REGULATIONS
CHAPTER 15. EATING AND DRINKING ESTABLISHMENTS - REGULATIONS
CHAPTER 16. ELECTIONS - REGULATIONS
CHAPTER 17. ELECTRICITY - REGULATIONS
CHAPTER 18A. ENERGY POLICY - REGULATIONS
CHAPTER 19. EROSION, SEDIMENT CONTROL AND STORMWATER MANAGEMENT - REGULATIONS
CHAPTER 19A. ETHICS - REGULATIONS
CHAPTER 20 FINANCE - REGULATIONS
CHAPTER 21 FIRE AND RESCUE SERVICES - REGULATIONS
CHAPTER 22. FIRE SAFETY CODE - REGULATIONS
CHAPTER 22A. FOREST CONSERVATION - TREES - REGULATIONS
CHAPTER 23A. GROUP HOMES - REGULATIONS
CHAPTER 24. HEALTH AND SANITATION - REGULATIONS
CHAPTER 24A. HISTORIC RESOURCES PRESERVATION - REGULATIONS
CHAPTER 24B. HOMEOWNERS’ ASSOCIATIONS - REGULATIONS
CHAPTER 25. HOSPITALS, SANITARIUMS, NURSING AND CARE HOMES - REGULATIONS
CHAPTER 25A. HOUSING, MODERATELY PRICED - REGULATIONS
CHAPTER 25B. HOUSING POLICY - REGULATIONS
CHAPTER 26. HOUSING AND BUILDING MAINTENANCE STANDARDS - REGULATIONS
CHAPTER 27. HUMAN RIGHTS AND CIVIL LIBERTIES - REGULATIONS
CHAPTER 27A. INDIVIDUAL WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES - REGULATIONS
CHAPTER 29. LANDLORD-TENANT RELATIONS - REGULATIONS
CHAPTER 30. LICENSING AND REGULATIONS GENERALLY - REGULATIONS
CHAPTER 30C. MOTOR VEHICLE TOWING AND IMMOBILIZATION ON PRIVATE PROPERTY - REGULATIONS
CHAPTER 31. MOTOR VEHICLES AND TRAFFIC - REGULATIONS
CHAPTER 31A. MOTOR VEHICLE REPAIR AND TOWING REGISTRATION - REGULATIONS
CHAPTER 31B. NOISE CONTROL - REGULATIONS
CHAPTER 31C. NEW HOME BUILDER AND SELLER REGISTRATION AND WARRANTY - REGULATIONS
CHAPTER 33. PERSONNEL AND HUMAN RESOURCES - REGULATIONS
CHAPTER 33B. PESTICIDES - REGULATIONS
CHAPTER 35. POLICE - REGULATIONS
CHAPTER 36. POND SAFETY - REGULATIONS
CHAPTER 38A. RADIO, TELEVISION AND ELECTRICAL APPLIANCE INSTALLATION AND REPAIRS - REGULATIONS
CHAPTER 40. REAL PROPERTY - REGULATIONS
CHAPTER 41. RECREATION AND RECREATION FACILITIES - REGULATIONS
CHAPTER 41A. RENTAL ASSISTANCE - REGULATIONS
CHAPTER 42A. RIDESHARING AND TRANSPORTATION MANAGEMENT - REGULATIONS
CHAPTER 44. SCHOOLS AND CAMPS - REGULATIONS
CHAPTER 44A. SECONDHAND PERSONAL PROPERTY - REGULATIONS
CHAPTER 45. SEWERS, SEWAGE DISPOSAL AND DRAINAGE - REGULATIONS
CHAPTER 47. VENDORS - REGULATIONS
CHAPTER 48. SOLID WASTES - REGULATIONS
CHAPTER 49. STREETS AND ROADS - REGULATIONS
CHAPTER 50. SUBDIVISION OF LAND - REGULATIONS
CHAPTER 51 SWIMMING POOLS - REGULATIONS
CHAPTER 51A. TANNING FACILITIES - REGULATIONS
CHAPTER 52. TAXATION - REGULATIONS
CHAPTER 53. TAXICABS - REGULATIONS
CHAPTER 53A. TENANT DISPLACEMENT - REGULATIONS
CHAPTER 54. TRANSIENT LODGING FACILITIES - REGULATIONS
CHAPTER 55. TREE CANOPY - REGULATIONS
CHAPTER 56. URBAN RENEWAL AND COMMUNITY DEVELOPMENT - REGULATIONS
CHAPTER 56A. VIDEO GAMES - REGULATIONS
CHAPTER 57. WEAPONS - REGULATIONS
CHAPTER 59. ZONING - REGULATIONS
CHAPTER 60. SILVER SPRING, BETHESDA, WHEATON AND MONTGOMERY HILLS PARKING LOT DISTRICTS - REGULATIONS
MISCELLANEOUS MONTGOMERY COUNTY REGULATIONS
TABLE 1 Previous COMCOR Number to Current COMCOR Number
TABLE 2 Executive Regulation Number to Current COMCOR Number
TABLE 3 Executive Order Number to Current COMCOR Number
INDEX BY AGENCY
INDEX BY SUBJECT
County Attorney Opinions and Advice of Counsel
Chapter 11C. Cooperative Housing. [Note]
§ 11C-1. Definitions.
§ 11C-2. Applicability.
§ 11C-3. Registration.
§ 11C-4. Property report.
§ 11C-5. Property report to prospective purchaser.
§ 11C-6. Enforceability of subscription agreement.
§ 11C-7. Right to inspect.
§ 11C-8. Rescission of subscription agreement.
§ 11C-9. Warranty.
§ 11C-10. Tenant option to leave.
§ 11C-11. Tenant right to extended lease.
§ 11C-12. Temporary relocation of tenants with extended leases.
§ 11C-13. Payment instead of extended lease.
§ 11C-14. Payment for relocation.
§ 11C-15. Lease terms for tenants who are not under extended leases.
§ 11C-16. Transfer of membership for unit under extended lease.
§ 11C-17. Tenant right to purchase membership.
§ 11C-18. County and tenant right to purchase rental property.
§ 11C-19. Disclosure of rental property information.
§ 11C-20. Transfers exempt from county or tenant organization right to purchase rental property.
§ 11C-21. Owner rights and proof of compliance.
§ 11C-22. Reserve funds.
§ 11C-23. Notice of tenant and purchaser rights under this chapter.
§ 11C-24. Cooperative right to terminate contracts.
§ 11C-25. Enforcement.
§ 11C-26. Regulations.
§ 11C-27. Amendment of bylaws.

 

Notes

[Note]
*Editor's note-Section 1 of 1985 L.M.C., ch. 39, repealed former ch. 11C, §§ 11C-1-11C-4, and enacted a new ch. 11C, §§ 11C-1-11C-26. Formerly, ch. 11C was derived from 1981 L.M.C., ch. 3, § 1.
Cross references-Buildings, ch. 8; consumer protection, ch. 11; condominiums, ch. 11A; homeowners' associations, ch. 24B; moderately priced housing, ch. 25A; housing policy, ch. 25B; housing standards, ch. 26; discrimination in real estate, § 27-11 et seq.; real property, ch. 40; subdivision of land, ch. 50; unsafe buildings, ch. 55; homeowners' replacement loan fund, § 56-2 et seq.; tenant displacement aid fund, § 56-33 et seq.; zoning, ch. 59.
Sec. 11C-1. Definitions.
   In this Chapter, the following words have the meanings indicated.
      (1)   Conversion. "Conversion" means the change of residential property from rental to cooperative status.
      (2)   Cooperative. "Cooperative" refers to a cooperative housing corporation in which each member:
         (i)   Has an ownership interest in the cooperative; and
         (ii)   Is entitled to sole use of a particular unit that is owned by the cooperative.
      (3)   Cooperative project. "Cooperative project" means a plan of a developer to offer cooperative memberships for initial sale to the public.
      (4)   Department. "Department" means the Department of Housing and Community Affairs.
      (5)   Developer. "Developer" includes:
         (i)   An owner of residential rental property;
         (ii)   An agent of an owner of residential rental property;
         (iii)   A contract purchaser of residential rental property; and
         (iv)   A person who solicits another to purchase a cooperative membership.
      (6)   Handicapped. "Handicapped" means having a physical or mental disability that for more than one (1) year substantially impairs walking, seeing, hearing, speaking, working, learning, or another major life activity.
      (7)   Low-income. "Low-income" means household income that is below eighty (80) percent of the median income for Montgomery County. In this definition, household income includes total income from all sources, whether or not included as income for federal or state tax purposes. It is not reduced by a loss from a business or investment. It does not include a tax refund.
      (8)   Member. "Member" means a person with an ownership interest in a cooperative. It includes owners of cooperative shares as well as membership certificates.
      (9)   Membership. "Membership" means ownership interest in a cooperative.
      (10)   Membership certificate. "Membership certificate" means a legal document that evidences ownership in a cooperative. It includes shares and certificates.
      (11)   Property report. "Property report" means the report under Section 11C-4 as well as later changes of information in the report.
      (12)   Senior. "Senior" means being at least sixty-two (62) years old when the owner gives notice of tenant rights under this section.
      (13)   Subscription agreement. "Subscription agreement" means the contract by which a person agrees to purchase a cooperative membership.
      (14)   Unit. "Unit" means an area limited to the residential use of one (1) household under either a rental lease or cooperative membership. (1985 L.M.C., ch. 39, § 1; 1996 L.M.C., ch. 13, § 1.)
Sec. 11C-2. Applicability.
   (a)   Residential only. This chapter does not apply to the sale of a nonresidential unit or a cooperative membership with rights limited to nonresidential use.
   (b)   Creation or conversion date. This chapter does not apply to a cooperative that was created or converted before January 1, 1985. (1985 L.M.C., ch. 39, § 1.)
Sec. 11C-3. Registration.
   (a)   Requirement. Before a developer enters into a subscription agreement for the initial sale of cooperative memberships to the public, the developer must register the cooperative project with the Department.
   (b)   Application. To apply for registration, a developer must submit to the Department.
      (1)   The property report; and
      (2)   An application fee.
   (c)   Notice to tenants.
      (1)   When a developer submits an application for registration with the Department, the developer by first class mail or personal delivery must give written notice to each tenant that the property may be converted.
      (2)   The developer must state the notice as follows:
"The property in which you live may be converted from rental to cooperative status. We are filing a detailed report with the Montgomery County Department of Housing and Community Affairs ________ (address and telephone number). You have the right to review and comment on the proposed cooperative within 30 days from ________ (date that the application is submitted)."
   (d)   Approval.
      (1)   Within 5 days after receiving an application, the Department must mail to the developer a notice of receipt of the application.
      (2)   Within 45 days after receiving an application, the Department must decide that either:
         (i)   The application complies with Section 11C-4 and issue an order registering the cooperative project; or
         (ii)   The application does not comply with Section 11C-4 and issue an order rejecting the application and stating the specific reasons for the rejection.
   (e)   Information changes. A developer promptly must submit to the Department any changes of the information in a registration.
   (f)   Ending of registration. The Department must issue an order ending a registration if:
      (1)   A developer notifies the Department that the developer has sold all of the cooperative memberships to purchasers other than a developer; and
      (2)   The developer cannot create additional memberships. (1985 L.M.C., ch. 39, § 1; 1996 L.M.C., ch. 13, § 1.)
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