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HB 335

Baltimore County - Nuisance Actions - Community Association

2025 Regular Session Introduced by Robin Grammer

Expands which Baltimore County community associations can sue to abate nuisances in the Circuit Court, adds notice/pre-filing steps, and removes the bond requirement.

Hearing canceled
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Bill Summary · HB 335

Summary — HB 335 (Baltimore County — Nuisance Actions — Community Association)

Status (from provided documents)
- Latest legislative documents: Third Reader — Revised (March 24, 2025). A hearing was later listed as canceled (March 25, 2025) in the materials you provided.
- Fiscal and policy analyses prepared by the Maryland Department of Legislative Services (DLS).

Purpose / intent
- To modify and broaden the statutory authority and procedures for community associations in Baltimore County to bring injunctive and other equitable actions in the Circuit Court for Baltimore County to abate nuisances on private property.
- To clarify definitions, strengthen notice and pre‑filing requirements, and remove a statutory requirement related to the bond a community association must file.

Key provisions and changes
1. Revised definition of “community association”
- Expands the definition from a narrowly defined nonprofit membership model (previously requiring membership thresholds, dues, etc.) to a Maryland nonprofit association, corporation, or other organization composed of residents of a geographically‑defined community in which the nuisance is located.
- Requires the organization to be operated primarily for social welfare/neighborhood improvement, tax‑exempt under specified IRC sections, and incorporated/in good standing with Maryland’s Department of Assessments and Taxation.
- Explicitly includes organizations that represent two or more individual community associations (where applicable).

  1. Expanded/updated “local code violation” definition

    • Now includes violations under the Buildings and Housing provisions of the Baltimore County Code (references updated to the 2015 code as amended).
    • The bill maintains exclusions for certain categories (e.g., specified rent‑escrow provisions and other narrow exclusions noted in the text).

  2. Notice and pre‑filing requirements

    • Community associations may not initiate a nuisance action until specified notice requirements are satisfied and the nuisance remains unabated.
    • Notices to tenants and property owners must be served in the same manner as service in a civil in personam action under the Maryland Rules. If certified mail is returned unclaimed, refused, or undeliverable — or signed by someone other than the addressee — adequate notice may be given by regular mail plus posting a copy of the notice on the property.
    • If the Baltimore County Department of Housing and Community Development (DHCD) is the relevant code enforcement agency and it responds in writing within 60 days that the property is part of an active code enforcement plan, a community association may not bring a nuisance action.
    • An action against a residential rental property owner may not proceed unless an appropriate code enforcement agency has first issued a violation notice. For nuisances based on housing/building code violations (excluding recurrent sanitation violations), relief may not be granted unless a violation notice was issued and remains unresolved after 75 days.

  3. Bond requirement repealed

    • Removes the statutory requirement that the circuit court determine the amount and conditions of any bond to be filed by a community association when seeking injunctive relief.

Who is affected
- Primary: community associations in Baltimore County (expanded eligibility to bring suit).
- Property owners and tenants in Baltimore County (additional procedural protections and pre‑filing steps).
- Baltimore County code enforcement agencies — their active enforcement plans and issuance of violation notices may preclude private actions.
- Circuit Court for Baltimore County (procedures for nuisance abatement cases).
- Fiscal impact expected to be minimal: DLS finds no material effect on State or Baltimore County finances; minimal small business effect.

Fiscal and policy notes
- DLS fiscal summary: the bill does not materially affect State or Baltimore County finances or operations; small business effect minimal.
- DLS analysis notes the bill refines existing law and that similar proposals have been introduced in prior sessions.

Procedural/other notes
- DLS materials identify related prior introductions (e.g., HB 417 and SB 383 of 2024; HB 166 of 2023; HB 265 of 2022).
- The bill amends §14‑125 of the Real Property Article (Baltimore County nuisance provisions).
- Check the official Maryland General Assembly docket for current status and any subsequent amendments or enactment information.

Compiled from official sources — confirm details with the bill’s official record.

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