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<section article="grp" article_name="Real Property" number="11B-106.1" title_number="11B" title_name="Maryland Homeowners Association Act" subtitle_number="1">
  <level label="a">
    <text>A meeting of the members of the homeowners association to elect a governing body of the homeowners association shall be held within:</text>
    <level label="1">
      <text>60 days from the date that at least 75% of the total number of lots that may be part of the development after all phases are complete are sold to members of the public for residential purposes; or</text>
    </level>
    <level label="2">
      <text>If a lesser percentage is specified in the governing documents of the homeowners association, 60 days from the date the specified lesser percentage of the total number of lots in the development after all phases are complete are sold to members of the public for residential purposes.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>Before the date of the meeting held under subsection (a) of this section, the declarant shall deliver to each lot owner notice that the requirements of subsection (a) of this section have been met.</text>
    </level>
    <level label="2">
      <text>The notice shall include the date, time, and place of the meeting to elect the governing body of the homeowners association.</text>
    </level>
  </level>
  <level label="c">
    <text>The term of each member of the governing body of the homeowners association appointed by the declarant shall end 10 days after the meeting under subsection (a) of this section is held, if a replacement board member is elected.</text>
  </level>
  <level label="d">
    <text>Within 30 days from the date of the meeting held under subsection (a) of this section, the declarant shall deliver the following items to the governing body at the declarant’s expense:</text>
    <level label="1">
      <text>The deeds to the common areas;</text>
    </level>
    <level label="2">
      <text>Copies of the homeowners association’s filed articles of incorporation, declaration, and all recorded covenants, plats, restrictions, and any other records of the primary development and of related developments;</text>
    </level>
    <level label="3">
      <text>A copy of the bylaws and rules of the primary development and of other related developments as filed in the depository of the county in which the development is located;</text>
    </level>
    <level label="4">
      <text>The minute books, including all minutes;</text>
    </level>
    <level label="5">
      <text>Subject to the restrictions of § 11B–112 of this title, all books and records of the homeowners association, including financial statements, minutes of any meeting of the governing body, and completed business transactions;</text>
    </level>
    <level label="6">
      <text>Any policies, rules, and regulations adopted by the governing body;</text>
    </level>
    <level label="7">
      <text>The financial records of the homeowners association from the date of creation to the date of transfer of control, including budget information regarding estimated and actual expenditures by the homeowners association and any report relating to the reserves required for major repairs and replacement of the common areas of the homeowners association;</text>
    </level>
    <level label="8">
      <text>A copy of all contracts to which the homeowners association is a party;</text>
    </level>
    <level label="9">
      <text>The name, address, and telephone number of any contractor or subcontractor employed by the homeowners association;</text>
    </level>
    <level label="10">
      <text>Any insurance policies in effect;</text>
    </level>
    <level label="11">
      <text>Any permit or notice of code violations issued to the homeowners association by the county, local, State, or federal government;</text>
    </level>
    <level label="12">
      <text>Any warranty in effect and all prior insurance policies;</text>
    </level>
    <level label="13">
      <text>The homeowners association funds, including operating funds, replacement reserves, investment accounts, and working capital;</text>
    </level>
    <level label="14">
      <text>The tangible property of the homeowners association;</text>
    </level>
    <level label="15">
      <text>A roster of current lot owners, including their mailing addresses, telephone numbers, and lot numbers, if known;</text>
    </level>
    <level label="16">
      <text>Individual member files and records, including assessment account records, correspondence, and notices of any violations; and</text>
    </level>
    <level label="17">
      <text>Drawings, architectural plans, or other suitable documents setting forth the necessary information for location, maintenance, and repairs of all common areas.</text>
    </level>
  </level>
  <level label="e">
    <text>The replacement reserves delivered under subsection (d)(13) of this section shall be equal to at least the reserve funding amount recommended in the reserve study completed under § 11B–112.3 of this title as of the date of the meeting.</text>
  </level>
  <level label="f">
    <level label="1">
      <text>This subsection does not apply to a contract entered into before October 1, 2009.</text>
    </level>
    <level label="2">
      <level label="i">
        <text>In this subsection, “contract” means an agreement with a company or individual to handle financial matters, maintenance, or services for the homeowners association.</text>
      </level>
      <level label="ii">
        <text>“Contract” does not include an agreement relating to the provision of utility services or communication systems.</text>
      </level>
    </level>
    <level label="3">
      <text>Until all members of the governing body are elected by the lot owners at a transitional meeting under subsection (a) of this section, a contract entered into by the governing body may be terminated, at the discretion of the governing body and without liability for the termination, not later than 30 days after notice.</text>
    </level>
  </level>
  <level label="g">
    <level label="1">
      <text>This subsection applies only in Charles County.</text>
    </level>
    <level label="2">
      <text>Each member of the governing body shall successfully complete a training curriculum on the responsibilities of a member of the governing body developed by:</text>
      <level label="i">
        <text>A common ownership commission recognized by the State or a local government; or</text>
      </level>
      <level label="ii">
        <text>An organization approved to administer the training curriculum by a recognized common ownership commission.</text>
      </level>
    </level>
    <level label="3">
      <text>Each member of the governing body shall successfully complete the training curriculum required under this subsection within 90 days after the individual:</text>
      <level label="i">
        <text>Is first elected or appointed to the governing body; or</text>
      </level>
      <level label="ii">
        <text>For a member who is in office on October 1, 2025, begins a subsequent term as a member of the governing body.</text>
      </level>
    </level>
    <level label="4">
      <level label="i">
        <text>The governing body shall:</text>
        <level label="1">
          <text>Certify that each member successfully completes the training curriculum required under this subsection;</text>
        </level>
        <level label="2">
          <text>Retain a copy of the certificate of completion of each member; and</text>
        </level>
        <level label="3">
          <text>Within 90 days after the certification of the member, report to the common ownership commission on the certification.</text>
        </level>
      </level>
      <level label="ii">
        <text>A certificate of completion issued under this paragraph shall be valid for 3 years.</text>
      </level>
      <level label="iii">
        <text>If a member of the governing body remains a member of the governing body at the time the certificate expires, the member shall renew the certification by successfully completing the training required under this subsection.</text>
      </level>
    </level>
    <level label="5">
      <text>If a member of the governing body does not successfully complete the training required under this subsection, the governing body may:</text>
      <level label="i">
        <text>Remove the member from the governing body; or</text>
      </level>
      <level label="ii">
        <text>Invalidate a vote of the member.</text>
      </level>
    </level>
  </level>
  <level label="h">
    <text>If the declarant fails to comply with the requirements of this section, an aggrieved lot owner may submit the dispute to the Division of Consumer Protection of the Office of the Attorney General under § 11B–115(c) of this title.</text>
  </level>
</section>
