ROBERT L. EHRLICH, JR., Governor

Ch. 44

resolution services under certain circumstances; and generally relating to the
resolution of homeowners association covenant disputes in Charles County.

BY repealing and reenacting, with amendments,
Article - Real Property
Section 11B-104
Annotated Code of Maryland
(1996 Replacement Volume and 2002 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Real Property

11B-104.

(a)     The provisions of all laws, ordinances, and regulations concerning building
codes or zoning shall have full force and effect to the extent that they apply to a
development and shall be construed and applied with reference to the overall nature
and use of the property without regard to whether the property is part of a
development.

(b)     A local government may not enact any law, ordinance, or regulation which
would:

(1)     Impose a burden or restriction on property which is part of a
development because it is part of a development;

(2)     Require that additional disclosures relating to the development be
made to purchasers of lots within the development, other than the disclosures
required by § 11B-105, § 11B-106, or § 11B-107 of this title;

(3)     Provide that the disclosures required by § 11B-105, § 11B-106, or §
11B-107 of this title be registered or otherwise subject to the approval of any
governmental agency;

(4)     Provide that additional cancellation rights be provided to purchasers,
other than the cancellation rights under § 11B-108(b) and (c) of this title;

(5)     Create additional implied warranties or require additional express
warranties on improvements to common areas other than those warranties described
in § 11B-110 of this title; or

(6)     Expand the open meeting requirements of § 11B-111 of this title or
open record requirements of § 11B-112 of this title.

(C) SUBJECT TO THE PROVISIONS OF THIS TITLE, A CODE HOME RULE
COUNTY LOCATED IN THE SOUTHERN MARYLAND CLASS, AS IDENTIFIED IN ARTICLE
25B, § 2 OF THE CODE, MAY ESTABLISH A HOMEOWNERS ASSOCIATION COMMISSION
WITH THE AUTHORITY TO HEAR AND RESOLVE DISPUTES BETWEEN A HOMEOWNERS
ASSOCIATION AND A HOMEOWNER REGARDING THE ENFORCEMENT OF THE

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