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41
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1982
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SENATE
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property without due process of law if the courts were to
determine that the necessary element of "state action" were
present. The Attorney General advises that the question of
whether the requisite "state action" is found in a statutory
scheme similar to the one set out in Senate Bill 473 should
be resolved by the Supreme Court within the next few weeks.
So long as the constitutionality of the bill is under a
cloud, I believe that it is not proper that it become law.
For these reasons, I have decided to veto Senate Bill
473.
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Sincerely,
Harry Hughes
Governor
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May 25, 1982
The Honorable Harry Hughes
Governor of Maryland
State House
Annapolis, Maryland 21404
Re: Senate Bill 473
Dear Governor Hughes:
We have reviewed and hereby approve for
constitutionality and legal sufficiency Senate Bill 473. In
so doing, however, we note that the bill contains certain
interpretative problems and raises a possible constitutional
issue.
Senate Bill 473 would add new Sections 9-201 through
9-203 to the Real Property Article to be under the new
subtitle "Subtitle 2. Statutory Real Property Lien By A
Homeowners' Association." Under this subtitle, an
assessment by a homeowners' association is a lien on the
members' property if the bylaws or declaration of covenants
of the association provide for the assessment and provide
that an assessment is a lien. The statement of the lien
must be recorded in the land records of the appropriate
county within two years after the assessment is due and the
lien is effective from that recordation. The statement must
give the name of the owner, the address of the house, the
amount due and the length of time the assessment is due.
The statement must be signed and verified by an officer of
the association. The lien may be enforced and foreclosed in
the same manner as foreclosure of a mortgage or deed of
trust that contains a power of sale or an assent to a
decree. The action to foreclose must be brought within
three years following recordation of the statement, but
cannot be initiated until after ten days' written notice has
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