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<section article="grp" article_name="Real Property" number="11B-118" title_number="11B" title_name="Maryland Homeowners Association Act" subtitle_number="1">
  <level label="a">
    <level label="1">
      <text>Elections for the governing body of a homeowners association, including the collection and counting of ballots and the certifying of results, shall be conducted by independent parties who:</text>
      <level label="i">
        <text>Are not candidates for positions on the governing body of the homeowners association in that election; and</text>
      </level>
      <level label="ii">
        <text>Do not have a conflict of interest regarding any candidate in the election.</text>
      </level>
    </level>
    <level label="2">
      <level label="i">
        <text>Unless property management for a homeowners association, or a parent association of the homeowners association, is owned by the homeowners association, representatives of the homeowners association’s property management are not independent parties.</text>
      </level>
      <level label="ii">
        <text>A lot owner is an independent party if the lot owner:</text>
        <level label="1">
          <text>Complies with the requirements of this subsection;</text>
        </level>
        <level label="2">
          <text>Does not electioneer for any candidate; and</text>
        </level>
        <level label="3">
          <text>Is not subject to an objection by more than 25 percent of the eligible voting members of the homeowners association.</text>
        </level>
      </level>
      <level label="iii">
        <text>The homeowners association may retain a third–party vendor or employ a commercial technology platform to conduct the election.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <text>Individuals conducting an election shall make reasonable efforts to ensure that the election is fair and that there is accountability for the process and the results of the election.</text>
  </level>
  <level label="c">
    <text>A lot owner designated to conduct an election who acts in good faith has no personal liability in connection with the conduct of an election.</text>
  </level>
  <level label="d">
    <text>Provisions of the governing documents, rules, or regulations of a homeowners association relating to the conduct of elections that are inconsistent with the requirements of this section are void and unenforceable.</text>
  </level>
</section>
