Maryland condo regulations start with the Maryland Condominium Act at Real Property Title 11, which sets statewide rules for how condominiums are governed, how assessments and reserves work, what insurance the association must carry, and what rights individual owners keep no matter what their community’s documents say. When a declaration, a bylaw, or a house rule conflicts with the Act, the Act controls. Everything else in this guide sits on top of that basic point.
The Governing Documents and What It Takes to Change Them
Every Maryland condominium runs on a stack of documents. The Condominium Act is at the top. Below it sit three private layers: the declaration (sometimes called the master deed), the bylaws, and the rules and regulations.
The declaration is the foundational instrument. It creates the condominium, defines each unit’s boundaries, identifies the common elements, and fixes each owner’s percentage interest.1Maryland State Archives. Maryland Condominium Act – Section 11-104 The bylaws handle how the association actually runs: board composition, elections, meetings, and assessment collection. Rules and regulations govern the day-to-day, including pets, noise, and parking.
Amendments get harder as you climb the stack. Changing the declaration requires consent from at least 80 percent of the unit owners on the current roster.2Maryland State Archives. Maryland Condominium Act – Section 11-103 Bylaw amendments take whatever threshold the bylaws themselves set, often two-thirds or a majority. Rules and regulations can usually be adopted by board action alone.
Even a properly adopted amendment can be struck down if it strips away something owners already had. In Ridgely Condominium Ass’n v. Smyrnioudis, the Maryland Court of Appeals invalidated a bylaw amendment because it eliminated a property interest resembling an easement in a common element; the court held that unanimous consent was required, not the usual bylaw vote.3Justia. Ridgely v. Smyrnioudis Amendments that change the character of what an owner purchased are vulnerable to challenge even when the vote count is right.
Declarations and their amendments must be recorded in the county land records to be enforceable against later buyers. Associations must also make governing documents available for inspection by unit owners; withholding records can create fiduciary liability for the board.
How the Board Must Operate
Maryland condominiums are governed by a council of unit owners, which the statute treats as a legal entity even when unincorporated.4Maryland General Assembly. Maryland Code Real Property 11-109 The council elects a board of directors that runs the community. Board members owe fiduciary duties of care and loyalty: make informed decisions, act in the association’s interest, avoid self-dealing.
Courts review board decisions under the business judgment rule. In Black v. Fox Hills North Community Ass’n, the Court of Special Appeals declined to second-guess a board’s discretionary decision absent allegations of fraud, bad faith, or incompetence.5Justia. Black v. Fox Hills North Community Association That deference is strong, but it protects only decisions that are actually informed and disinterested. A director voting on a contract with a company the director owns is outside the rule’s protection.
Notice, Meetings, and Owner Comment
Board and council meetings must generally be open to unit owners. Notice for a regular or special meeting of the full council must go out between 10 and 90 days in advance, by mail or, if the community has adopted electronic communication under §11-139.1, by electronic transmission.4Maryland General Assembly. Maryland Code Real Property 11-109 Notice for special board meetings follows what the bylaws say.
Boards must set aside time at each meeting for unit owners to speak on any matter related to the condominium. Where the meeting has a limited agenda, comment can be restricted to listed topics. At least once a year, though, the board must hold a meeting where the agenda is open to any condominium matter.4Maryland General Assembly. Maryland Code Real Property 11-109 Closed executive sessions are allowed for litigation and personnel matters, but heavy use of them invites legal challenges.
Assessments, Reserves, and Delinquency
Each owner pays a share of common expenses proportional to the percentage interest set in the declaration, and the bylaws must spell out how assessments are calculated and collected.6Maryland State Archives. Maryland Condominium Act – Section 11-110 The board prepares an annual budget and must submit it to unit owners at least 30 days before adoption.
Special assessments are limited. Any non-emergency expenditure that would push the current year’s assessments more than 15 percent above the adopted budget requires approval at a special meeting of the council of unit owners, with at least 10 days’ written notice.7Maryland General Assembly. Maryland Code Real Property 11-109.2 Spending to address immediate threats to health, safety, or property is exempt from that vote.
Reserve Studies
Maryland requires condominium associations to conduct independent reserve studies and update them at least every five years.8Maryland General Assembly. Maryland Code Real Property 11-109.4 The requirement was phased in by county starting with Prince George’s for condominiums established on or after October 1, 2020, followed by Montgomery County a year later, and the remaining counties on October 1, 2022. Every Maryland condominium should now have a reserve study in place or in progress.
A reserve study estimates the remaining useful life and replacement cost of major common elements: roofs, elevators, parking structures, mechanical systems. Boards that skip or ignore reserve studies typically end up imposing large special assessments when those systems fail, which is the most common source of financial conflict in condominium communities.
Late Charges and Interest on Unpaid Assessments
Unpaid assessments accrue interest at the rate set in the bylaws, up to a statutory ceiling of 18 percent per year. Without a rate in the bylaws, 18 percent is the default. The association may impose a late charge of $15 or one-tenth of the delinquent amount, whichever is greater, but only after the payment has been overdue at least 15 calendar days, and only once per delinquent installment.9Maryland General Assembly. Maryland Code Real Property 11-110 If the documents allow installment payments and an owner misses one, the council can demand the full remaining annual assessment after giving 15 days’ notice.
Insurance: Master Policy vs. Owner Policy
Maryland law requires the council of unit owners to maintain property insurance against direct physical loss for common elements and, in multifamily or attached buildings, for the units themselves, excluding improvements and upgrades installed by individual owners.10Maryland Insurance Administration. Condominium Master Policy Coverage FAQ A change effective October 1, 2023, removed the requirement for master policies to cover detached condominium units and shifted that responsibility to the owner.
The master policy generally covers the building exterior, shared systems, and common areas. It doesn’t cover your personal belongings, your interior upgrades, or your personal liability. That gap is what an HO-6 policy fills. How much HO-6 coverage you need turns on whether the master policy is a “bare walls” policy (only the structural shell) or an “all-in” policy (original interior fixtures too). Check the declaration and the association’s insurance certificate before you buy your own policy.
Boards should also carry directors and officers insurance. Without it, individual board members face personal exposure when owners or third parties sue over governance decisions. D&O coverage responds to claims of mismanagement and alleged breaches of fiduciary duty, even when the board acted in good faith.
Loss Assessment Coverage
Master policies often carry high deductibles, sometimes $50,000 or more in disaster-prone areas. When a covered loss occurs and reserves can’t cover the deductible, the board typically passes the cost to owners through a special assessment. Loss assessment coverage, an add-on to your HO-6, reimburses your share of that charge. It also responds when a liability claim exceeds the master policy’s limits and the shortfall gets split among owners.
Who Maintains What
The declaration divides maintenance between the association and the owners. The association handles common elements: roofs, exterior walls, hallways, elevators, shared plumbing and electrical, and amenities like pools or fitness centers. Owners handle what’s inside their unit, including interior fixtures, appliances, and systems that serve only their space.11Maryland General Assembly. Maryland Code Real Property 11-101
The line between the two is the most litigated issue in Maryland condominium law. When a pipe bursts inside a shared wall, who pays? When water from a defective roof damages an owner’s ceiling, does the association pay for the roof only, or the interior damage too? The answers depend on the exact wording of the declaration, not general rules. Read the maintenance provisions of your declaration before you have a problem, not after.
The board’s maintenance duty can also reach outside the community. In Greenstein v. Council of Unit Owners of Avalon Court Six Condominium, the Court of Special Appeals held that the council’s duty to maintain common elements carries a corresponding obligation to pursue claims against a developer for construction defects, and a board that discovers defective work and does nothing may be liable to unit owners for negligence.12Justia. Greenstein v. Avalon Court Six Condominium
Rights Owners Keep Regardless of the Documents
Several state and federal rules override anything a declaration or bylaw might try to prohibit.
Reasonable Accommodations and Assistance Animals
The Fair Housing Act requires associations to grant reasonable accommodations to residents with disabilities. The most common request involves assistance animals. Even in a no-pets community, the board must allow a resident with a disability to keep an assistance animal, including an emotional support animal, when the resident provides reliable documentation of a disability-related need.13U.S. Department of Housing and Urban Development (HUD). Assistance Animals The board may deny the request only if granting it would impose an undue burden, fundamentally alter operations, or if the specific animal poses a direct safety threat. Blanket bans on assistance animals, breed restrictions applied to assistance animals, and pet deposits or fees for them all violate federal law.
Accommodations reach further than animals. A board may need to waive a rule against exterior modifications to allow a ramp, or adjust parking to give someone with a mobility impairment a closer space. What matters is whether there’s a connection between the accommodation and the resident’s disability.
Satellite Dishes and Antennas
The FCC’s Over-the-Air Reception Devices rule prevents associations from prohibiting satellite dishes and certain antennas in areas within an owner’s exclusive use, such as balconies, patios, and terraces.14Federal Communications Commission. Installing Consumer-Owned Antennas and Satellite Dishes The rule doesn’t reach common areas like roofs or exterior walls. An association can restrict individual dishes only if it provides a central antenna system delivering equal signal quality at comparable cost. Safety-related restrictions are permitted but must be narrowly written. In a dispute, the association bears the burden of proving its restriction is justified.
Solar Panels
Under Real Property Code §2-119, an association may not impose restrictions that significantly increase the cost of a solar installation or significantly decrease its efficiency. Reasonable aesthetic guidelines like placement requirements are allowed; effective prohibitions dressed up as conditions are not. Submit any request in writing and keep records of the board’s response.
Rental Restrictions
Rental restrictions are a different story: the Act allows bylaws to include use restrictions, and Maryland courts have generally read this to permit limits on rentals.1Maryland State Archives. Maryland Condominium Act – Section 11-104 Restrictions built into the original declaration are the most defensible. Restrictions added later by amendment face the 80 percent threshold and can be challenged if they retroactively impair an existing owner’s reasonable expectations.
Enforcement, Fines, and Liens
Boards can enforce governing documents by imposing fines, suspending amenity privileges, and going to court. Before any fine takes effect, the association must give written notice of the alleged violation and an opportunity to be heard. Skipping due process invites challenges and may leave the association without a court’s backing later.
The lien is the strongest tool. Under §11-110, the council can place a lien on a unit for unpaid assessments, interest, late charges, collection costs, and reasonable attorney’s fees. The lien is enforced through the Maryland Contract Lien Act, and the association can pursue foreclosure if the owner remains delinquent, along with a deficiency judgment in the same proceeding if the sale doesn’t cover the balance.9Maryland General Assembly. Maryland Code Real Property 11-110
Priority against a mortgage matters when the unit is upside down. For mortgages recorded on or after October 1, 2011, up to four months of unpaid regular assessments hold priority over the first mortgage lien. This priority covers regular assessments only, not interest, fines, legal fees, or special assessments.9Maryland General Assembly. Maryland Code Real Property 11-110 The procedural requirements for perfecting and enforcing the lien have to be followed precisely.
Resale Disclosures When You Sell
When a unit sells, Maryland law requires specific disclosures about the association’s finances and operations. For condominiums with seven or more units, the seller must furnish a resale package containing the declaration, bylaws, rules, current financial statements, a statement of monthly assessments, and information about any pending litigation or planned special assessments. The buyer has a right to cancel the purchase contract within a defined period after receiving the package.15Maryland General Assembly. Maryland Code Real Property 11-135 – Resale of Unit
Smaller condominiums with fewer than seven units follow a slightly different process. The contract must include a conspicuous statutory notice, and the seller must provide the declaration, bylaws, rules, a statement of expenses for the preceding 12 months related to common elements, and written notice of the owner’s responsibility for the association’s property insurance deductible and the deductible amount.15Maryland General Assembly. Maryland Code Real Property 11-135 – Resale of Unit These documents must be provided no later than 15 days before closing.
The association prepares the resale package on request and may charge a reasonable fee. Failing to disclose material information, particularly pending special assessments or underfunded reserves, exposes both the seller and the association to claims from the buyer.
Developer-to-Owner Transition
Every condominium starts under developer control. The developer appoints the initial board, sets the first budget, and manages sales. State law requires the developer to eventually transfer control to unit owners through an election; the specific trigger is tied to the percentage of units sold and to timelines in the governing documents. Most Maryland declarations require the developer to call a transition meeting once roughly 75 percent of units are sold.
Transition is one of the highest-risk moments in a condominium’s life. The developer must turn over financial records, insurance policies, and all governing documents. Best practice is for the new owner-controlled board to commission an independent engineering study of common elements before warranty periods expire and to obtain a full reserve study reflecting the property as built. The Greenstein obligation to pursue defect claims begins to run against the new board once it knows or should know of the problem.