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§ 11-109.4. Reserve studies

West's Annotated Code of MarylandReal PropertyEffective: October 1, 2021

West's Annotated Code of Maryland
Real Property (Refs & Annos)
Title 11. Maryland Condominium Act (Refs & Annos)
Effective: October 1, 2021
MD Code, Real Property, § 11-109.4
§ 11-109.4. Reserve studies
“Reserve study” defined
(a) In this section, “reserve study” means a study of the reserves required for future major repairs and replacement of the common elements of a condominium in Prince George's County or Montgomery County that:
(1) Identifies each structural, mechanical, electrical, and plumbing component of the common elements and any other components that are the responsibility of the council of unit owners to repair and replace;
(2) States the normal useful life and the estimated remaining useful life of each identified component;
(3) States the estimated cost of repair or replacement of each identified component; and
(4) States the estimated annual reserve amount necessary to accomplish any identified future repair or replacement.
Application of section
(b) This section applies only to a condominium in Prince George's County or Montgomery County.
Timing for reserve studies for cooperative housing corporations established in Prince George's County on or after October 1, 2020, or Montgomery County on or after October 1, 2021
(c)(1) This subsection applies only to a condominium established in:
(i) Prince George's County on or after October 1, 2020; or
(ii) Montgomery County on or after October 1, 2021.
(2) The governing body of the condominium shall have an independent reserve study completed not less than 30 calendar days before the meeting of the council of unit owners required under § 11-109(c)(16) of this title.
(3)(i) In Prince George's County, the governing body shall have a reserve study completed within 5 years after the date of the initial reserve study conducted under paragraph (2) of this subsection and at least every 5 years thereafter.
(ii) In Montgomery County, the governing body shall have an updated reserve study completed within 5 years after the date of the initial reserve study conducted under paragraph (2) of this subsection, which shall be updated at least every 5 years thereafter.
Timing for reserve studies for cooperative housing corporations established in Prince George's County before October 1, 2020, or Montgomery County before October 1, 2021
(d)(1)(i) This paragraph applies only to a condominium established in Prince George's County before October 1, 2020.
(ii) If the governing body of a condominium has had a reserve study conducted on or after October 1, 2016, the governing body shall have a reserve study conducted within 5 years after the date of that reserve study and at least every 5 years thereafter.
(iii) If the governing body of a condominium has not had a reserve study conducted on or after October 1, 2016, the governing body shall have a reserve study conducted on or before October 1, 2021, and at least every 5 years thereafter.
(2)(i) This paragraph applies only to a condominium established in Montgomery County before October 1, 2021.
(ii) If the governing body of a condominium has had a reserve study conducted on or after October 1, 2017, the governing body shall have an updated reserve study conducted within 5 years after the date of that reserve study, which shall be updated at least every 5 years thereafter.
(iii) If the governing body of a condominium has not had a reserve study conducted on or after October 1, 2017, the governing body shall have a reserve study conducted on or before October 1, 2022, which shall be updated at least every 5 years thereafter.
Requirements for reserve study; qualifications of person preparing reserve study
(e) Each reserve study required under this section shall:
(1) Be prepared by a person who:
(i) Has prepared at least 30 reserve studies within the prior 3 calendar years;
(ii) Holds a bachelor's degree in construction management, architecture, or engineering, or equivalent experience and education;
(iii) Holds a current license from the State Board of Architects or the State Board for Professional Engineers; or
(iv) Is currently designated as a reserve specialist by the Community Association Institute or as a professional reserve analyst by the Association of Professional Reserve Analysts;
(2) Be available for inspection and copying by any unit owner;
(3) Be reviewed by the governing body of the condominium in connection with the preparation of the annual proposed budget; and
(4) Be summarized for submission with the annual proposed budget to the unit owners.

Credits

Added by Acts 2020, c. 138, § 1, eff. Oct. 1, 2020. Amended by Acts 2021, c. 433, § 1, eff. Oct. 1, 2021.
MD Code, Real Property, § 11-109.4, MD REAL PROP § 11-109.4
Current with all legislation from the 2021 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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