Sec. 62-3. District Corporation.
Montgomery County, Md., Code § 62-3 (2026)
Sec. 62-3. District Corporation.LinkCopy Citation
(a)
Establishment. The owners of nonexempt property in the District established a district corporation called the Downtown Silver Spring Business Improvement District, Inc. located at 8757 Georgia Avenue, Silver Spring, MD 20910, and applied to the County to manage the District. The application included:
(1)
a statement setting forth:
(A)
the proposed name and address of the district corporation; and
(B)
the street address of each owner of nonexempt property within the District;
(2)
a statement expressing the intent to establish a district corporation that is signed by:
(A)
owners of at least 51% interest in the assessed value of the nonexempt property and, subject to subsection (b) of this section, a designated board member of a condominium or cooperative housing corporation within the proposed district; and
(B)
owners of at least 51% of the total number of parcels of nonexempt property and, subject to subsection (b) of this section, a designated board member of a condominium or cooperative housing corporation within the District;
(3)
a proposed 3-year business plan that contains:
(A)
the goals and objectives of the District;
(B)
the annual proposed business improvement district tax for the proposed district’s common operations and the formula used to determine each member’s district tax; and
(C)
the maximum amount and the nature of start-up costs incurred before the District’s establishment;
(4)
a tax assessor’s map of the geographic area of the District;
(5)
a list of the proposed initial board of the proposed district corporation;
(6)
the proposed articles of incorporation and the bylaws of the district corporation; and
(7)
for all nonexempt property within the District:
(A)
the name and mailing address of each owner; and
(B)
the most recent assessed value.
(b)
Condominiums or cooperative housing corporation may petition.
(1)
Notwithstanding any other provision of this Chapter, subject to paragraph (2) of this subsection, a condominium or cooperative housing corporation that is located in the District may petition to join the district corporation.
(2)
A condominium or cooperative housing corporation described under paragraph (1) of this subsection may petition to join the District only if:
(A)
the condominium or cooperative housing corporation is governed by a board;
(B)
the board votes to join the district corporation; and
(C)
the board has a representative member of the board sign the appropriate documents required under subsection (b)(2) of this section.
(3)
For the purposes of the votes cast under subsection (b)(2) of this section:
(A)
a condominium or cooperative housing corporation shall be considered a single parcel; and
(B)
the decision reached by the board shall constitute the vote of the condominium or cooperative housing corporation.