Maryland 2026 Regular Session

Maryland House Bill HB853

Introduced
2/4/26  

Caption

Real Property - Regulation of Common Ownership Community Managers

Summary

HB853 creates a new licensing and regulatory framework for people who provide management services to common ownership communities in Maryland, including condominiums, cooperative housing corporations, and homeowners associations. It establishes the State Board of Common Ownership Community Managers within the Maryland Department of Labor and gives the Board authority to license community managers, issue limited licenses for associate community managers, adopt regulations and professional conduct rules, set education and examination standards, and discipline licensees. The bill also defines what activities count as “providing management services,” while carving out several exemptions for employees, residents, board members, attorneys, accountants, real estate brokers, receivers, and court-appointed individuals. The bill requires common ownership communities to register annually with the Board, with the responsible manager handling registration when a community contracts for management services. It also requires management contracts to include certain provisions, including fidelity bond or theft insurance coverage, and requires licensed managers to keep community funds in separate custodial accounts that are not commingled with other funds. The bill creates a special, nonlapsing State Board of Common Ownership Community Managers Fund to support the Board’s operations, sets fee-calculation rules, and exempts that fund from the general rule that interest on special funds goes to the General Fund. The bill also adds the Board to the list of units subject to the Maryland Program Evaluation Act and sets a termination date of July 1, 2032, unless reauthorized. HB853 would significantly affect common ownership communities, management companies, and individual community association managers by making licensure mandatory for most paid management services and by imposing new compliance obligations on communities and contracting parties. It also creates criminal and administrative penalties for unlicensed practice, misuse of licenses, false statements, and mishandling of community funds, including fines and possible imprisonment for certain violations. Existing managers may qualify for waivers of training and examination requirements if they can show recent in-state experience, and the bill allows reciprocity for equivalent licenses from other states. The overall sentiment reflected in the bill text is regulatory and consumer-protection oriented, with a strong emphasis on professional standards, financial safeguards, and oversight of community association management. Because there are no committee transcripts or recorded votes provided, there is no direct evidence of support or opposition from hearings or floor action. The structure of the bill suggests an intent to formalize an industry that has not previously been subject to statewide licensure, while also giving current practitioners a transition path. The main points of potential contention are likely to be the cost and administrative burden of licensing, annual registration, insurance, and compliance requirements for managers and communities, as well as the scope of the Board’s authority to discipline and regulate the profession. Another likely issue is whether the bill’s mandatory licensing and registration scheme is necessary for all common ownership communities, especially smaller associations, and whether the fee structure and insurance requirements could increase operating costs for homeowners and residents.

Impact

The bill would add a new Title 22 to the Business Occupations and Professions Article and related provisions in the Business Regulation, Corporations and Associations, Real Property, State Finance and Procurement, and State Government Articles. It creates a new State Board, a new licensing system for community managers and associate community managers, annual registration requirements for condominiums, cooperatives, and homeowners associations, and new rules governing contracts, insurance, trust accounting, and disciplinary enforcement. It also establishes a dedicated fund and exempts that fund from certain interest-crediting rules, while making the Board subject to program evaluation and eventual sunset.

Sentiment

No committee transcripts or vote records were provided, so there is no documented public debate to gauge support or opposition. Based on the bill text alone, the measure appears to be framed as a professionalization and consumer-protection bill, with a generally affirmative posture toward oversight, training, and financial accountability. The absence of recorded opposition or amendments in the supplied materials means sentiment cannot be assessed beyond the bill’s regulatory intent.

Contention

Likely areas of contention include whether the state should require licensure for community managers at all, whether the training and exam requirements are too burdensome for existing practitioners, and whether annual registration and insurance mandates will raise costs for common ownership communities. Industry stakeholders may favor clear standards and reciprocity, while smaller associations, management firms, or individual managers may object to compliance costs, administrative complexity, and the Board’s disciplinary powers. Residents and community boards may be split between wanting stronger protections for funds and wanting to avoid added fees and bureaucracy.

Companion Bills

MD HB303

Carry Over Real Property - Regulation of Common Ownership Community Managers

Similar Bills

No similar bills found.