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house bill 1466 accessory dwelling units

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WES MOORE, Governor Ch. 197
Chapter 197
(House Bill 1466)
AN ACT concerning
Land Use and Real Property – Accessory Dwelling Units – Requirements and
Prohibitions
FOR the purpose of requiring, on or before a certain date, the legislative body of certain
counties or municipal corporations to adopt a local law authorizing the development
of accessory dwelling units on land zoned for with a single–family residential use
detached dwelling unit as the primary dwelling unit subject to certain requirements;
providing for requirements for approval of a zoning use permit application, the
calculation of development impact fees or building excise taxes, the creation of
on– and off–street parking spaces, and restrictions on the ability of a utility to
require a certain connection or charge a certain fee, subject to certain criteria;
prohibiting a restriction on use in an instrument affecting the transfer or sale of real
property or any other interest in real property from imposing or acting to impose
certain limitations on the development or use of accessory dwelling units on property
zoned for single–family residential use; authorizing the governing body of a
homeowners association to treat an accessory dwelling unit as a separate lot for
purposes of voting and levying assessments; and generally relating to the
development and use of accessory dwelling units.
BY repealing and reenacting, without amendments,
Article – Land Use
Section 1–401(a) and (c) and 10–103(a)
Annotated Code of Maryland
(2012 Volume and 2024 Supplement)
BY repealing and reenacting, with amendments,
Article – Land Use
Section 1–401(b)(18) through (30) and 10–103(b)(17) through (23)
Annotated Code of Maryland
(2012 Volume and 2024 Supplement)
BY adding to
Article – Land Use
Section 1–401(b)(18); 4–501 through 4–507 4–504 to be under the new subtitle
“Subtitle 5. Accessory Dwelling Units”; and 10–103(b)(17)
Annotated Code of Maryland
(2012 Volume and 2024 Supplement)
BY adding to
Article – Real Property
Section 2–126, 11B–101(a–1), and 11B–111.11
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Ch. 197 2025 LAWS OF MARYLAND
Annotated Code of Maryland
(2023 Replacement Volume and 2024 Supplement)
BY repealing and reenacting, without amendments,
Article – Real Property
Section 11B–101(a)
Annotated Code of Maryland
(2023 Replacement Volume and 2024 Supplement)
BY repealing and reenacting, with amendments,
Article – Real Property
Section 11B–117(a)
Annotated Code of Maryland
(2023 Replacement Volume and 2024 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Land Use
1–401.
(a) Except as provided in this section, this division does not apply to charter
counties.
(b) The following provisions of this division apply to a charter county:
(18) TITLE 4, SUBTITLE 5 (ACCESSORY DWELLING UNITS);
[(18)] (19) § 5–102(d) (Subdivision regulations – Burial sites);
[(19)] (20) § 5–104 (Major subdivision – Review);
[(20)] (21) Title 7, Subtitle 1 (Development Mechanisms);
[(21)] (22) Title 7, Subtitle 2 (Transfer of Development Rights);
[(22)] (23) except in Montgomery County or Prince George’s County, Title
7, Subtitle 3 (Development Rights and Responsibilities Agreements);
[(23)] (24) Title 7, Subtitle 4 (Inclusionary Zoning);
[(24)] (25) Title 7, Subtitle 5 (Housing Expansion and Affordability);
[(25)] (26) § 8–401 (Conversion of overhead facilities);
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WES MOORE, Governor Ch. 197
[(26)] (27) for Baltimore County only, Title 9, Subtitle 3 (Single–County
Provisions – Baltimore County);
[(27)] (28) for Frederick County only, Title 9, Subtitle 10 (Single–County
Provisions – Frederick County);
[(28)] (29) for Howard County only, Title 9, Subtitle 13 (Single–County
Provisions – Howard County);
[(29)] (30) for Talbot County only, Title 9, Subtitle 18 (Single–County
Provisions – Talbot County); and
[(30)] (31) Title 11, Subtitle 2 (Civil Penalty).
(c) This section supersedes any inconsistent provision of Division II of this article.
SUBTITLE 5. ACCESSORY DWELLING UNITS.
4–501.
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) (1) “ACCESSORY DWELLING UNIT” MEANS A SECONDARY DWELLING
UNIT THAT IS:
(I) ON THE SAME LOT, PARCEL, OR TRACT AS A PRIMARY
SINGLE–FAMILY DETACHED DWELLING UNIT THAT IS CONSTRUCTED:; AND
(II) NOT GREATER THAN 75% OF THE SIZE OF AND
SUBORDINATE IN USE TO THE PRIMARY SINGLE–FAMILY DETACHED DWELLING
UNIT.
(1) ATTACHED TO OR THROUGH THE CONVERSION OF A PORTION OF
THE PRIMARY DWELLING UNIT;
(2) ATTACHED TO OR THROUGH THE FULL OR PARTIAL CONVERSION
OF AN ACCESSORY STRUCTURE LOCATED ON THE SAME LOT, PARCEL, OR TRACT AS
THE PRIMARY DWELLING UNIT; OR
(3) AS A NEW BUILDING, DETACHED FROM THE PRIMARY DWELLING
UNIT AND ANY EXISTING ACCESSORY STRUCTURES.
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Ch. 197 2025 LAWS OF MARYLAND
(2) “ACCESSORY DWELLING UNIT” INCLUDES A STRUCTURE THAT IS:
(I) SEPARATE FROM THE PRIMARY SINGLE–FAMILY DETACHED
DWELLING UNIT; OR
(II) ATTACHED AS AN ADDITION TO THE PRIMARY
SINGLE–FAMILY DETACHED DWELLING UNIT.
(C) (1) “DWELLING UNIT” MEANS A SINGLE UNIT PROVIDING COMPLETE,
INDEPENDENT LIVING FACILITIES FOR AT LEAST ONE INDIVIDUAL, INCLUDING, AT A
MINIMUM, PERMANENT PROVISIONS FOR SANITATION, COOKING, EATING, AND
SLEEPING, AND OTHER ACTIVITIES ROUTINELY ASSOCIATED WITH DAILY LIFE.
(2) “DWELLING UNIT” DOES NOT INCLUDE A UNIT IN A MULTIFAMILY
RESIDENTIAL BUILDING.
(D) “UTILITY” MEANS WATER OR SEWER DISPOSAL SERVICES PROVIDED BY:
(1) A PRIVATE COMPANY REGULATED UNDER DIVISION I OF THE
PUBLIC UTILITIES ARTICLE;
(2) THE WASHINGTON SUBURBAN SANITARY COMMISSION
REGULATED UNDER DIVISION II OF THE PUBLIC UTILITIES ARTICLE;
(3) A SANITARY COMMISSION REGULATED UNDER TITLE 9, SUBTITLE
6 OF THE ENVIRONMENT ARTICLE; OR
(4) A MUNICIPAL AUTHORITY REGULATED UNDER TITLE 9, SUBTITLE
7 OF THE ENVIRONMENT ARTICLE.
4–502.
THIS SUBTITLE APPLIES ONLY TO THE DEVELOPMENT OF ACCESSORY
DWELLING UNITS ON LAND ZONED FOR WITH A SINGLE–FAMILY RESIDENTIAL USE
DETACHED DWELLING UNIT AS THE PRIMARY DWELLING UNIT.
4–503.
(A) IT IS THE POLICY OF THE STATE TO PROMOTE AND ENCOURAGE THE
CREATION OF ACCESSORY DWELLING UNITS ON LAND ZONED FOR WITH A
SINGLE–FAMILY RESIDENTIAL USE DETACHED DWELLING UNIT AS THE PRIMARY
DWELLING UNIT IN ORDER TO MEET THE HOUSING NEEDS OF THE CITIZENS OF
MARYLAND.
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WES MOORE, Governor Ch. 197
(B) (1) EXCEPT AS PROVIDED IN THIS SUBTITLE AND SUBJECT TO
PARAGRAPH (2) OF THIS SUBSECTION, THIS SUBTITLE DOES NOT ALTER OR
ABROGATE ANY ZONING POWER OR RELATED AUTHORITY GRANTED TO A LOCAL
JURISDICTION UNDER THIS TITLE.
(2) LOCAL JURISDICTIONS SHALL ESTABLISH POLICIES THAT
FURTHER THE INTENT OF THIS SUBTITLE.
4–504.
(A) (1) ON OR BEFORE OCTOBER 1, 2026, EACH LEGISLATIVE BODY
SHALL ADOPT A LOCAL LAW AUTHORIZING THE DEVELOPMENT OF ACCESSORY
DWELLING UNITS ON LAND ZONED FOR SINGLE–FAMILY RESIDENTIAL USE IN
ACCORDANCE WITH THIS SECTION.
(2) A LEGISLATIVE BODY MAY ADOPT A LOCAL LAW THAT:
(I) ESTABLISHES STANDARDS FOR ACCESSORY DWELLING UNIT
SAFETY; AND
(II) PROHIBITS THE FULL OR PARTIAL CONVERSION OF AN
ACCESSORY STRUCTURE AS AN ACCESSORY DWELLING UNIT IF THE ONLY
VEHICULAR ACCESS TO THE ACCESSORY STRUCTURE IS FROM AN ALLEY.
(B) A LOCAL LAW ADOPTED UNDER THIS SECTION SHALL APPLY TO ALL
LAND IN THE LOCAL JURISDICTION ZONED FOR SINGLE–FAMILY RESIDENTIAL USE,
PROVIDED THAT:
(1) THE PARTY DEVELOPING THE ACCESSORY DWELLING UNIT OWNS
AND HAS THE EXCLUSIVE RIGHT TO USE THE LOT, PARCEL, OR TRACT ON WHICH THE
ACCESSORY DWELLING UNIT IS TO BE DEVELOPED; AND
(2) THE DEVELOPMENT OF NEW DWELLING UNITS ON THE LOT,
TRACT, OR PARCEL IS NOT OTHERWISE PROHIBITED DUE TO:
(I) LIMITATIONS ON AVAILABLE SAFE DRINKING WATER;
(II) THE EXISTENCE OF PUBLIC HEALTH RISKS DUE TO
LIMITATIONS ON SEWAGE DISPOSAL; OR
(III) RISKS ASSOCIATED WITH FIRES, FLOODS, OR LANDSLIDES
PROVIDE FOR CONSTRUCTION OF ACCESSORY DWELLING UNITS THAT MEET PUBLIC
HEALTH, SAFETY, AND WELFARE STANDARDS, INCLUDING RELEVANT BUILDING
CODES AND ADEQUATE PUBLIC FACILITIES PROVISIONS.
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Ch. 197 2025 LAWS OF MARYLAND
(C) A LOCAL LAW ADOPTED UNDER THIS SECTION SHALL:
(1) REQUIRE THAT THE TOTAL SQUARE FOOTAGE OF THE ACCESSORY
DWELLING UNIT BE LESS THAN THE TOTAL SQUARE FOOTAGE OF THE PRIMARY
DWELLING UNIT;
(2) REQUIRE THAT THE FINAL DESIGN FOR THE ACCESSORY
DWELLING UNIT SATISFY ALL RELEVANT BUILDING CODE REQUIREMENTS;
(3) AUTHORIZE CONSTRUCTION OF AN ACCESSORY DWELLING UNIT
BEFORE OR DURING THE CONSTRUCTION OF THE PRIMARY DWELLING UNIT, UNLESS
THE CONSTRUCTION OF THE ACCESSORY DWELLING UNIT WOULD RESULT IN THE
NEED FOR A VARIANCE FROM THE ZONING LAW OF THE LOCAL JURISDICTION IN
ORDER TO CONSTRUCT THE PRIMARY DWELLING UNIT;
(4) EXCLUDE THE DEVELOPMENT OF AN ACCESSORY DWELLING UNIT
FROM THE CALCULATION OF DENSITY AND THE APPLICATION OF ANY MEASURES
LIMITING RESIDENTIAL GROWTH THAT PERTAIN TO THE LOT, PARCEL, OR TRACT
PROPOSED FOR THE DEVELOPMENT OF THE ACCESSORY DWELLING UNIT; AND
(5) SET CONDITIONS FOR APPROVAL OF A ZONING USE PERMIT FOR
AN ACCESSORY DWELLING UNIT UNDER § 4–505 OF THIS SUBTITLE THAT ADDRESS
OBJECTIVE AND MEASURABLE REQUIREMENTS, INCLUDING:
(I) MASSING;
(II) LOCATIONS OF ENTRANCES;
(III) SQUARE FOOTAGE; AND
(IV) SUBJECT TO § 4–507 OF THIS SUBTITLE, CONNECTIONS TO A
UTILITY.
(D) A LOCAL LAW ADOPTED UNDER THIS SECTION MAY NOT:
(1) REQUIRE, AS A CONDITION TO DEVELOPING AN ACCESSORY
DWELLING UNIT, THAT THE LOT, PARCEL, OR TRACT EXCEED THE MINIMUM SIZE
REQUIRED FOR A PRIMARY DWELLING UNIT IN THE ZONE OR DISTRICT;
(2) ESTABLISH SETBACK REQUIREMENTS FROM THE SIDE AND REAR
LOT LINES FOR AN ACCESSORY DWELLING UNIT THAT IS CONVERTED FROM AN
EXISTING ACCESSORY STRUCTURE IF:
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WES MOORE, Governor Ch. 197
(I) THE LOCATION OF THE PROPOSED ACCESSORY DWELLING
UNIT IS IDENTICAL TO THE EXISTING ACCESSORY STRUCTURE; AND
(II) THE DIMENSIONS OF THE PROPOSED ACCESSORY
DWELLING UNIT ARE IDENTICAL TO OR SMALLER THAN THE EXISTING ACCESSORY
STRUCTURE;
(3) FOR AN ACCESSORY DWELLING UNIT OTHER THAN A UNIT THAT
MEETS THE REQUIREMENTS OF ITEM (2) OF THIS SUBSECTION, ESTABLISH SETBACK
REQUIREMENTS THAT EXCEED 4 FEET THE EXISTING ACCESSORY STRUCTURE
SETBACK REQUIREMENTS FROM THE SIDE AND REAR LOT LINES;
(4) EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION,
REQUIRE:
(I) IF THE DEVELOPMENT OF THE ACCESSORY DWELLING UNIT
IS LOCATED WITHIN A 0.75–MILE RADIUS OF A MASS TRANSIT FACILITY, THE
CREATION OF NEW OFF–STREET PARKING AS A CONDITION TO DEVELOPING THE
ACCESSORY DWELLING UNIT; AND
(II) IF THE DEVELOPMENT OF THE ACCESSORY DWELLING UNIT
IS LOCATED OUTSIDE A 0.75–MILE RADIUS OF A MASS TRANSIT FACILITY, THE
CREATION OF MORE THAN ONE OFF–STREET PARKING SPACE; OR
(5) SET CONDITIONS FOR APPROVAL OF A ZONING USE PERMIT FOR
AN ACCESSORY DWELLING UNIT UNDER § 4–505 OF THIS SUBTITLE BASED ON
SUBJECTIVE CRITERIA, INCLUDING:
(I) NEIGHBORHOOD COMPATIBILITY, SUCH AS DESIGN OR
AESTHETICS; OR
(II) ADVERSE IMPACTS.
(E) (1) (I) SUBJECT TO SUBSECTION (D)(4) OF THIS SECTION, A A
LOCAL LAW ADOPTED UNDER THIS SECTION MAY ESTABLISH ADDITIONAL
OFF–STREET PARKING REQUIREMENTS THAT CONSIDER:
1. THE COST TO CONSTRUCT OFF–STREET PARKING
SPACES;
2. WHETHER SUFFICIENT CURB AREA EXISTS ALONG
THE FRONT LINE OF THE PROPERTY TO ACCOMMODATE ON–STREET PARKING;
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Ch. 197 2025 LAWS OF MARYLAND
3. THE INCREASE IN IMPERVIOUS SURFACE DUE TO THE
CREATION OF NEW OFF–STREET PARKING AND THE RELATION TO ANY APPLICABLE
STORMWATER MANAGEMENT PLANS; AND
4. VARIABILITY DUE TO THE SIZE OF THE LOT, PARCEL,
OR TRACT ON WHICH THE ACCESSORY DWELLING UNIT OR PRIMARY DWELLING IS
LOCATED.
(II) A LOCAL LAW ADOPTED UNDER THIS PARAGRAPH SHALL
PROVIDE FOR A WAIVER PROCESS FROM THE PARKING REQUIREMENTS.
(2) BEFORE ADOPTING A LOCAL LAW UNDER PARAGRAPH (1) OF THIS
SUBSECTION, A LEGISLATIVE BODY SHALL COMPLETE A PARKING STUDY TO
DETERMINE THE APPLICABLE NEEDS AND RESTRICTIONS IN THE JURISDICTION.
4–505.
(A) A LOCAL JURISDICTION SHALL APPROVE OR DENY A COMPLETE
APPLICATION FOR A ZONING USE PERMIT FOR AN ACCESSORY DWELLING UNIT
WITHIN 90 DAYS AFTER RECEIPT BY THE AGENCY RESPONSIBLE FOR MAKING
ZONING DECISIONS.
(B) APPROVAL OF A COMPLETE APPLICATION UNDER THIS SECTION SHALL
BE PERFORMED IN A MINISTERIAL MANNER.
(C) IF AN APPLICANT REQUESTS A DELAY IN THE REVIEW OF AN
APPLICATION, THE 90–DAY REVIEW PERIOD REQUIRED UNDER SUBSECTION (A) OF
THIS SECTION SHALL BE TOLLED FOR THE DURATION OF THE DELAY.
(D) THIS SECTION MAY NOT BE CONSTRUED TO ALTER THE APPELLATE OR
JUDICIAL REVIEW PROCESSES FOR A ZONING USE PERMIT APPLICATION FOR AN
ACCESSORY DWELLING UNIT.
4–506.
(A) A LOCAL JURISDICTION MAY NOT CHARGE A DEVELOPMENT IMPACT
FEE OR A BUILDING EXCISE TAX ON AN ACCESSORY DWELLING UNIT WITH A TOTAL
SQUARE FOOTAGE OF LESS THAN 750 SQUARE FEET.
(B) A LOCAL JURISDICTION MAY CHARGE A DEVELOPMENT IMPACT FEE OR
A BUILDING EXCISE TAX FOR THE DEVELOPMENT OF AN ACCESSORY DWELLING UNIT
THAT IS AT LEAST 750 SQUARE FEET IF THE IMPACT FEE OR BUILDING EXCISE TAX
IS:
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WES MOORE, Governor Ch. 197
(1) ASSESSED PROPORTIONATELY IN RELATION TO THE SQUARE
FOOTAGE OF THE PRIMARY DWELLING UNIT; AND
(2) SET AT AN AMOUNT THAT DOES NOT CREATE A DE FACTO
PROHIBITION ON THE CONSTRUCTION OF THE ACCESSORY DWELLING UNIT.
(C) A LOCAL JURISDICTION MAY ESTABLISH A PROCESS BY WHICH AN
IMPACT FEE OR BUILDING EXCISE TAX CHARGED UNDER THIS SECTION MAY BE
WAIVED OR REDUCED.
4–507.
(A) (1) THIS SUBSECTION DOES NOT APPLY TO AN ACCESSORY DWELLING
UNIT THAT IS DEVELOPED IN CONJUNCTION WITH A NEW OR SUBSTANTIALLY
RENOVATED PRIMARY DWELLING UNIT.
(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION, A UTILITY
MAY NOT REQUIRE THE USE OF A SEPARATE CONNECTION BETWEEN AN ACCESSORY
DWELLING UNIT AND THE WATER OR SEWER MAIN IF THE EXISTING CONNECTION
BETWEEN THE PRIMARY DWELLING UNIT AND THE WATER OR SEWER MAIN IS
DETERMINED TO BE SUFFICIENT TO SUPPORT THE ADDITION OF THE ACCESSORY
DWELLING UNIT.
(3) A LOCAL JURISDICTION MAY ESTABLISH CRITERIA UNDER WHICH
A UTILITY IS AUTHORIZED TO REQUIRE THE USE OF A SEPARATE CONNECTION
BETWEEN AN ACCESSORY DWELLING UNIT AND THE WATER OR SEWER MAIN.
(B) IF AN ACCESSORY DWELLING UNIT IS INTEGRATED INTO THE EXISTING
CONNECTION BETWEEN THE PRIMARY DWELLING UNIT AND THE WATER OR SEWER
MAIN, A UTILITY MAY NOT CHARGE A CONNECTION FEE ASSOCIATED WITH THE
INTEGRATION OF THE ACCESSORY DWELLING UNIT.
(C) A PERSON DEVELOPING AN ACCESSORY DWELLING UNIT MAY ELECT TO
USE A METER THAT IS SHARED WITH THE PRIMARY DWELLING UNIT TO TRACK THE
DELIVERY OF WATER FROM A UTILITY.
10–103.
(a) Except as provided in this section, this division does not apply to Baltimore
City.
(b) The following provisions of this division apply to Baltimore City:
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Ch. 197 2025 LAWS OF MARYLAND
(17) TITLE 4, SUBTITLE 5 (ACCESSORY DWELLING UNITS);
[(17)] (18) § 5–102(d) (Subdivision regulations – Burial sites);
[(18)] (19) Title 7, Subtitle 1 (Development Mechanisms);
[(19)] (20) Title 7, Subtitle 2 (Transfer of Development Rights);
[(20)] (21) Title 7, Subtitle 3 (Development Rights and Responsibilities
Agreements);
[(21)] (22) Title 7, Subtitle 4 (Inclusionary Zoning);
[(22)] (23) Title 7, Subtitle 5 (Housing Expansion and Affordability); and
[(23)] (24) Title 11, Subtitle 2 (Civil Penalty).
Article – Real Property
2–126.
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) “ACCESSORY DWELLING UNIT” HAS THE MEANING STATED IN §
4–501 OF THE LAND USE ARTICLE.
(3) “RESTRICTION ON USE” INCLUDES ANY COVENANT,
RESTRICTION, OR CONDITION CONTAINED IN:
(I) A DEED;
(II) A DECLARATION;
(III) A CONTRACT;
(IV) THE BYLAWS OR RULES OF A HOMEOWNERS ASSOCIATION;
(V) A SECURITY INSTRUMENT; OR
(VI) ANY OTHER INSTRUMENT AFFECTING:
1. THE TRANSFER OR SALE OF REAL PROPERTY; OR
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WES MOORE, Governor Ch. 197
2. ANY OTHER INTEREST IN REAL PROPERTY.
(B) (1) IF EXCEPT AS PROVIDED IN PARAGRAPH (2)(II) OF THIS
SUBSECTION, IF A PROPERTY OWNER HAS THE EXCLUSIVE RIGHT TO USE THE
PROPERTY AND ABIDES BY ALL APPLICABLE LAWS AND REGULATIONS, A
RESTRICTION ON USE REGARDING LAND USE MAY NOT IMPOSE OR ACT TO IMPOSE
AN UNREASONABLE LIMITATION ON THE ABILITY OF THE PROPERTY OWNER TO
DEVELOP OR OFFER FOR RENT AN ACCESSORY DWELLING UNIT ON A PROPERTY
ZONED FOR SINGLE–FAMILY RESIDENTIAL USE.
(2) FOR THE PURPOSE OF PARAGRAPH (1) OF THIS SUBSECTION, AN
UNREASONABLE LIMITATION:
(I) INCLUDES INCLUDES A LIMITATION THAT:
(I) SIGNIFICANTLY INCREASES THE COST OF DEVELOPING AN
ACCESSORY DWELLING UNIT; OR
(II) PROHIBITS PROHIBITS, EITHER EXPLICITLY OR BY EFFECT
OF THE RESTRICTIONS, THE DEVELOPMENT OF AN ACCESSORY DWELLING UNIT; AND
(II) DOES NOT INCLUDE A LIMITATION ON THE SHORT–TERM
RENTAL OF AN ACCESSORY DWELLING UNIT.
(C) THIS SECTION DOES NOT APPLY TO A RESTRICTION ON USE ON HISTORIC
PROPERTY THAT IS LISTED IN OR DETERMINED BY THE DIRECTOR OF THE
MARYLAND HISTORICAL TRUST TO BE ELIGIBLE FOR INCLUSION IN THE MARYLAND
REGISTER OF HISTORIC PROPERTIES.
11B–101.
(a) In this title the following words have the meanings indicated, unless the
context requires otherwise.
(A–1) “ACCESSORY DWELLING UNIT” HAS THE MEANING STATED IN § 4–501 OF
THE LAND USE ARTICLE.
11B–111.11.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR ANY PROVISION IN
THE DECLARATION, BYLAWS, RULES, DEEDS, AGREEMENTS, OR RECORDED
COVENANTS OR RESTRICTIONS OF A HOMEOWNERS ASSOCIATION, THE GOVERNING
BODY OF A HOMEOWNERS ASSOCIATION HAS THE AUTHORITY TO TREAT AN
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Ch. 197 2025 LAWS OF MARYLAND
ACCESSORY DWELLING UNIT AS A SEPARATE LOT FOR PURPOSES OF VOTING ON A
HOMEOWNERS ASSOCIATION MATTER.
11B–117.
(a) (1) As provided in the declaration, a lot owner shall be liable for all
homeowners association assessments and charges that come due during the time that the
lot owner owns the lot.
(2) [The] NOTWITHSTANDING ANY PROVISION OF THE DECLARATION,
ARTICLES OF INCORPORATION, OR BYLAWS RESTRICTING ASSESSMENT INCREASES,
CAPPING THE ASSESSMENT THAT MAY BE LEVIED IN A FISCAL YEAR, OR LIMITING
ASSESSMENTS TO EACH LOT, THE governing body of a homeowners association has the
authority to [increase]:
(I) INCREASE an assessment levied to cover the reserve funding
amount required under § 11B–112.3 of this title[, notwithstanding any provision of the
declaration, articles of incorporation, or bylaws restricting assessment increases or capping
the assessment that may be levied in a fiscal year]; AND
(II) TREAT AN ACCESSORY DWELLING UNIT AS A SEPARATE LOT
FOR PURPOSES OF LEVYING ASSESSMENTS.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2025.
Approved by the Governor, April 22, 2025.
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