Bill Summary – FastDemocracy

HB 253
                      Department of Legislative Services
                              Maryland General Assembly
                                    2021 Session
                           FISCAL AND POLICY NOTE
                                 Third Reader
House Bill 253               (Delegate Grammer)
Environment and Transportation                                        Judicial Proceedings
            Baltimore County - Nuisance Actions - Community Association
This bill alters the definitions of “community association” and “local code violation” in
statutory provisions that authorize a community association in Baltimore County to seek
injunctive and other equitable relief in the Circuit Court for Baltimore County for nuisance
abatement. The bill also repeals the requirement that the circuit court determine the amount
and conditions of a specified bond to be filed by a community association that is seeking
relief.
                                    Fiscal Summary
State Effect: The bill does not materially affect State finances or operations.
Local Effect: The bill does not materially affect the finances or operations of the
Circuit Court for Baltimore County.
Small Business Effect: Minimal.
                                         Analysis
Bill Summary: A “community association” is a Maryland nonprofit association,
corporation, or other organization that is (1) composed of residents of a community defined
by specific geographic boundaries in the bylaws or charter of the community association
and within which a nuisance is located; (2) operated primarily for the promotion of social
welfare and general neighborhood improvement and enhancement; (3) exempt from
taxation under specified sections of the Internal Revenue Code; and (4) incorporated and
in good standing with the State Department of Assessments and Taxation.
“Community association” also includes a Maryland nonprofit association, corporation, or
other organization that otherwise meets the definition of an individual community
association but that represents two or more individual community associations.
The definition of “local code violation” is expanded to include the Buildings and Housing
Article of the Baltimore County Code, and the references are updated to include the most
recent 2015 version. “Local code violation” does not include a violation of specified
provisions of the Baltimore County Code related to rent escrow and lead risk reduction
standards.
Current Law: Generally, in Baltimore County, a community association may seek
injunctive and other equitable relief in the Circuit Court for Baltimore County for
abatement of a nuisance after (1) meeting specified notice requirements and (2) showing
that the nuisance has not been abated.
Community Associations
In Baltimore County, for the purpose of seeking injunctive relief for the abatement of a
nuisance, “community association” is a Maryland nonprofit corporation that:
      comprises at least 20% of the total number of households as members, with a
       minimum membership of 25 households, of a local community that consists of 40 or
       more individual households as defined by specific geographic boundaries in the
       bylaws or charter of the community association;
      requires, as a condition of membership, the payment of monetary dues at least
       annually;
      is operated primarily for the promotion of social welfare and general neighborhood
       improvement and enhancement;
      has been in existence for at least one year when it files suit for abatement of a
       nuisance;
      is exempt from taxation under § 501(c)(3) or (4) of the Internal Revenue Code or
       has been included in a specified Baltimore County publication for a period of at
       least one year prior to bringing an action to abate a nuisance; and
      is in good standing.
HB 253/ Page 2
Other Definitions
“Local code violation” is a violation under Title 22, “Nuisances” of the Baltimore County
Code of 1988.
“Nuisance” is an act or condition created, performed, or maintained on private property
that constitutes a local code violation and that has specified adverse conditions within the
boundaries of the community represented by the community association.
Required Bond
The court must determine the amount and conditions, if any, for a bond filed by the
community association in an action for relief.
                                Additional Information
Prior Introductions: HB 511 of 2020 received a hearing in the House Environment and
Transportation Committee, but no further action was taken. Its cross file, SB 247, passed
the Senate as amended and was referred to the House Environment and Transportation
Committee, but no further action was taken. HB 217 of 2019 passed the House, as
amended, but received an unfavorable report from the Senate Judicial Proceedings
Committee. HB 320 of 2018, a similar bill, passed the House with amendments and
received a hearing in the Senate Judicial Proceedings Committee, but no further action was
taken. HB 496 of 2017, a similar bill, received an unfavorable report from the House
Environment and Transportation Committee.
Designated Cross File: None.
Information Source(s): Baltimore County; Judiciary (Administrative Office of the
Courts); Department of Legislative Services
Fiscal Note History:      First Reader - February 18, 2021
rh/jkb                    Third Reader - March 22, 2021
Analysis by: Amber R. Gundlach                         Direct Inquiries to:
                                                       (410) 946-5510
                                                       (301) 970-5510
HB 253/ Page 3
Statutes affected: 
Text - First - Baltimore County - Nuisance Actions - Community Association: 14-125 Real Property
Text - Third - Baltimore County - Nuisance Actions - Community Association: 14-125 Real Property