# Local Government (GLG)

## Title 5. Powers

### Subtitle 3. Private Communities

#### Section 5-301

(a) In this subtitle the following words have the meanings indicated.

(b) "Private community" means:

  (1) a community governed by a homeowners association, as defined under the Maryland Homeowners Association Act;

  (2) a condominium, as defined under the Maryland Condominium Act; or

  (3) a cooperative housing corporation, as defined under the Maryland Cooperative Housing Corporation Act.

(c) "Residential street service" means:

  (1) removing snow, ice, or other obstructions from roadways;

  (2) lighting roadways and maintaining the lighting equipment;

  (3) collecting leaves, recyclable materials, or garbage along roadways; or

  (4) maintaining roadways.

(d) "Roadway" means a paved surface that provides vehicular access or is designated for parking.

#### Section 5-302

(a)

  (1) The governing body of a municipality that provides residential street service may make an agreement with a private community that qualifies under paragraph (2) of this subsection concerning:

    (i) the provision of residential street service to the private community by the municipality; or

    (ii) instead of providing residential street service, the reimbursement to the private community of an amount not to exceed the cost that the municipality would incur to provide residential street service.

  (2) The governing body of a municipality may make an agreement under this section with a private community that:

    (i) lies wholly or partly in the municipality; and

    (ii) has at least one-quarter mile of roadway.

(b) An agreement entered into under this section may require the private community to:

  (1) pay any insurance rider that the municipality requires to enable vehicles owned or contracted by the municipality to operate on a roadway in the private community; and

  (2) regarding a roadway in the private community that is to be used to provide residential street service:

    (i) allow the roadway to be dedicated to public use; and

    (ii) unless maintenance of the roadway is provided by the municipality, maintain the roadway at a level of service satisfactory to the municipality.

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Md. Code Ann., Local Gov't (as displayed at mgaleg.maryland.gov, October 16, 2026)
