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Ch. 478
2004 LAWS OF MARYLAND
lot owners have agreed to that provides for the deletion of a certain recorded
covenant or restriction under certain circumstances; specifying that certain
provisions) apply to covenants and restrictions even if the covenant or restriction
is part of a uniform general scheme or plan of development providing for the
application of this Act; and generally relating to recorded covenants or
restrictions of a homeowners association that restrict ownership on the basis of
race or, religious belief, or national origin.
BY adding to
Article - Real Property
Section 11B-113.1
Annotated Code of Maryland
(2003 Replacement Volume and 2003 Supplement)
Preamble
WHEREAS, There exists in Maryland property burdened by restrictive
covenants based on race or, religious belief, or national origin that run with the land;
and
WHEREAS, The Supreme Court in Shelley v. Kraemer, 334 U.S. 1 (1948), held
that judicial enforcement of a restrictive covenant based on race would constitute
state action, and therefore would violate the Fourteenth Amendment to the U.S.
Constitution; and
WHEREAS, The federal Fair Housing Act prohibits discrimination in the sale,
rental, and financing of dwellings based on race, religion, sex, handicap, familial
status, or national origin; and
WHEREAS, Under common law, unless the covenants or other restrictions
expressly provide to the contrary, covenants that run with the land may only be
removed by a unanimous vote of the land owners of each parcel of land burdened or
benefitted by the covenant or other restrictions; and
WHEREAS, In order to facilitate the removal of restrictive covenants based on
race or, religious belief, or national origin, a change in common law regarding the
removal or alteration of such covenants would be beneficial; now, therefore,
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Real Property
11B-113.1.
(A) THIS SECTION APPLIES TO ANY RECORDED COVENANT OR RESTRICTION
THAT RESTRICTS OWNERSHIP BASED ON RACE OR, RELIGIOUS BELIEF, OR NATIONAL
ORIGIN, INCLUDING A COVENANT OR RESTRICTION THAT IS PART OF A UNIFORM
GENERAL SCHEME OR PLAN OF DEVELOPMENT.
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