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§ 11B-112.3. Reserve studies

West's Annotated Code of MarylandReal PropertyEffective: October 1, 2022

West's Annotated Code of Maryland
Real Property (Refs & Annos)
Title 11b. Maryland Homeowners Association Act (Refs & Annos)
Effective: October 1, 2022
MD Code, Real Property, § 11B-112.3
§ 11B-112.3. Reserve studies
Currentness
“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 areas of a homeowners association that:
(1) Identifies each structural, mechanical, electrical, and plumbing component of the common areas and any other components that are the responsibility of the homeowners association to repair and replace;
(2) States 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)(1) This section applies only to a homeowners association:
(i) That has responsibility under its declaration for maintaining and repairing common areas; and
(ii) For which the total initial purchase and installation costs for all components identified in subsection (a)(1) of this section is at least $10,000.
(2) This section does not apply to a homeowners association that issues bonds for the purpose of meeting capital expenditures.
Timing for reserve studies for cooperative housing corporations established in Prince George's County on or after October 1, 2020, in Montgomery County on or after October 1, 2021, or in other counties before October 1, 2022
(c)(1) This subsection applies only to a homeowners association established in:
(i) Prince George's County on or after October 1, 2020;
(ii) Montgomery County on or after October 1, 2021; or
(iii) Any county other than Prince George's County or Montgomery County on or after October 1, 2022.
(2) The governing body of the homeowners association shall have an independent reserve study completed not more than 90 calendar days and not less than 30 calendar days before the meeting of the homeowners association required under § 11B-106.1(a) of this title.
(3) 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 and at least every 5 years thereafter.
Timing for reserve studies for cooperative housing corporations established in Prince George's County before October 1, 2020, in Montgomery County before October 1, 2021, or in other counties before October 1, 2022
(d)(1)(i) This paragraph applies only to a homeowners association established in Prince George's County before October 1, 2020.
(ii) If the governing body of a homeowners association has had a reserve study conducted on or after October 1, 2016, the governing body shall have an updated 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 homeowners association 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 an updated reserve study at least every 5 years thereafter.
(2)(i) This paragraph applies only to a homeowners association established in Montgomery County before October 1, 2021.
(ii) If the governing body of a homeowners association 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 and at least every 5 years thereafter.
(iii) If the governing body of a homeowners association 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, and an updated reserve study at least every 5 years thereafter.
(3)(i) This paragraph applies only to a homeowners association established in any county other than Prince George's County or Montgomery County before October 1, 2022.
(ii) If the governing body of a homeowners association has had a reserve study conducted on or after October 1, 2018, the governing body shall have an updated 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 homeowners association has not had a reserve study conducted on or after October 1, 2018, the governing body shall have a reserve study conducted on or before October 1, 2023, and an updated reserve study 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) Has participated in the preparation of at least 30 reserve studies within the prior 3 calendar years while employed by a firm that prepares reserve studies;
(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 lot owner;
(3) Be reviewed by the governing body of the homeowners association in connection with the preparation of the annual proposed budget; and
(4) Be summarized for submission with the annual proposed budget to the lot owners.

Credits

Added by Acts 2020, c. 138, § 1, eff. Oct. 1, 2020. Amended by Acts 2021, c. 433, § 1, eff. Oct. 1, 2021; Acts 2022, c. 664, § 1, eff. Oct. 1, 2022.
MD Code, Real Property, § 11B-112.3, MD REAL PROP § 11B-112.3
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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