(a)(1) A pre-existing authority may be governed by articles of organization if:
(i) the pre-existing authority meets the requirements of subsection (b) or (c) of this section;
(ii) the custodian of records files with the Secretary of State the documents required under subsection (d) of this section; and
(iii) the Secretary of State issues a certificate of approval in accordance with subsection (e) of this section.
(2) Articles of organization shall comply with § 12-205(b) through (d) of this subtitle.
Requirements to adopt articles of organization--Alternative 1
(b) Before a pre-existing authority may adopt articles of organization under this subsection, the articles of organization must be:
(1) recommended in writing by the chief elected official;
(2) approved by an extraordinary majority of the board of commissioners of the authority; and
(3) adopted by an extraordinary majority of the legislative body.
Requirements to adopt articles of organization--Alternative 2
(c) Before a pre-existing authority may adopt articles of organization under this subsection:
(1) the custodian of records shall provide documentation to the Secretary of State that within 5 years before the date the documentation is submitted:
(i) the political subdivision, within each of any 3 fiscal years within the 5-year period, has provided financial assistance to the authority from local tax revenues or bond sale proceeds in an amount equal to the greater of:
1. the product of $1 times the number of residents of the political subdivision as published annually by the Maryland Department of Health or as otherwise available; and
2. the product of $100 times the total number of housing units owned or managed by the authority; and
(ii) the authority, at the request and with the financial support of the political subdivision, is operating one or more housing projects for which the federal government provided no more than half of the development and operating costs; and
(2) the articles of organization must be:
(i) recommended in writing by the chief elected official;
(ii) approved by a resolution of the board of commissioners of the authority; and
(iii) adopted by a resolution or ordinance of the legislative body.
Filings by custodian of records
(d) The custodian of records shall file with the Secretary of State:
(1) a copy of the documentation described in subsection (c)(1) of this section, if applicable;
(2) the articles of organization and the applicable recommending, approving, and adopting instruments described in subsection (b) or (c)(2) of this section;
(3) certification by the custodian of records that the articles of organization have been recommended and adopted by the political subdivision in accordance with the applicable requirements of subsection (b)(1) and (3) or subsection (c)(2)(i) and (iii) of this section; and
(4) certification by the secretary of the pre-existing authority that the articles of organization have been approved by the board of commissioners of the authority in accordance with the applicable requirements of subsection (b)(2) or subsection (c)(2)(ii) of this section.
Issuance of certificate of approval
(e)(1) If the Secretary of State finds that the requirements of subsection (b) or (c) and subsection (d) of this section have been satisfied, the Secretary of State shall endorse the articles as “approved” and issue a certificate of approval attached to the endorsed articles.
(2) When the certificate of approval is issued, the articles of organization as filed are considered to have been adopted.
Credits
Added by Acts 2006, c. 63, § 2, eff. Oct. 1, 2006. Amended by Acts 2007, c. 5, § 1, eff. March 22, 2007; Acts 2017, c. 62, § 6.
MD Code, Housing & Community Development, § 12-206, MD HOUS & CMTY DEV § 12-206
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
