house bill 1466 accessory dwelling units

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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