<?xml version='1.0' encoding='utf-8'?>
<section article="grp" article_name="Real Property" number="11B-111.6" title_number="11B" title_name="Maryland Homeowners Association Act" subtitle_number="1">
  <level label="a">
    <text>In this section, “fidelity insurance” includes a fidelity bond.</text>
  </level>
  <level label="b">
    <text>This section does not apply to a homeowners association:</text>
    <level label="1">
      <text>That has four or fewer lot owners; and</text>
    </level>
    <level label="2">
      <text>For which 3 months’ worth of gross annual homeowners association fees is less than $2,500.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>The board of directors or other governing body of a homeowners association shall purchase fidelity insurance not later than the time of the first conveyance of a lot to a person other than the declarant and shall keep fidelity insurance in place for each year thereafter.</text>
    </level>
    <level label="2">
      <text>The fidelity insurance required under paragraph (1) of this subsection shall provide for the indemnification of the homeowners association against loss resulting from acts or omissions arising from fraud, dishonesty, or criminal acts by:</text>
      <level label="i">
        <text>Any officer, director, managing agent, or other agent or employee charged with the operation or maintenance of the homeowners association who controls or disburses funds; and</text>
      </level>
      <level label="ii">
        <text>Any management company employing a management agent or other employee charged with the operation or maintenance of the homeowners association who controls or disburses funds.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <text>A copy of the fidelity insurance policy or fidelity bond shall be included in the books and records kept and made available by or on behalf of the homeowners association under § 11B–112 of this title.</text>
  </level>
  <level label="e">
    <level label="1">
      <text>The amount of the fidelity insurance required under subsection (c) of this section shall equal at least the lesser of:</text>
      <level label="i">
        <text>3 months’ worth of gross annual homeowners association fees and the total amount held in all investment accounts at the time the fidelity insurance is issued; or</text>
      </level>
      <level label="ii">
        <text>$3,000,000.</text>
      </level>
    </level>
    <level label="2">
      <text>The total liability of the insurance to all insured persons under the fidelity insurance may not exceed the sum of the fidelity insurance.</text>
    </level>
  </level>
  <level label="f">
    <text>If a lot owner believes that the board of directors or other governing body of a homeowners association has failed to comply with the requirements of this section, the aggrieved lot owner may submit the dispute to the Division of Consumer Protection of the Office of the Attorney General under § 11B–115 of this title.</text>
  </level>
</section>
