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§ 11B-112. Books and records of homeowners association available for examination and copying

West's Annotated Code of MarylandReal PropertyEffective: October 1, 2009

West's Annotated Code of Maryland
Real Property (Refs & Annos)
Title 11b. Maryland Homeowners Association Act (Refs & Annos)
Effective: October 1, 2009
MD Code, Real Property, § 11B-112
§ 11B-112. Books and records of homeowners association available for examination and copying
In general
(a)(1)(i) Subject to the provisions of paragraph (2) of this subsection, all books and records kept by or on behalf of the homeowners association shall be made available for examination or copying, or both, by a lot owner, a lot owner's mortgagee, or their respective duly authorized agents or attorneys, during normal business hours, and after reasonable notice.
(ii) Books and records required to be made available under subparagraph (i) of this paragraph shall first be made available to a lot owner no later than 15 business days after a lot is conveyed by the declarant and the lot owner requests to examine or copy the books and records.
(iii) If a lot owner requests in writing a copy of financial statements of the homeowners association or the minutes of a meeting of the governing body of the homeowners association to be delivered, the governing body of the homeowners association shall compile and send the requested information by mail, electronic transmission, or personal delivery:
1. Within 21 days after receipt of the written request, if the financial statements or minutes were prepared within the 3 years immediately preceding receipt of the request; or
2. Within 45 days after receipt of the written request, if the financial statements or minutes were prepared more than 3 years before receipt of the request.
(2) Books and records kept by or on behalf of a homeowners association may be withheld from public inspection, except for inspection by the person who is the subject of the record or the person's designee or guardian, to the extent that they concern:
(i) Personnel records, not including information on individual salaries, wages, bonuses, and other compensation paid to employees;
(ii) An individual's medical records;
(iii) An individual's personal financial records, including assets, income, liabilities, net worth, bank balances, financial history or activities, and creditworthiness;
(iv) Records relating to business transactions that are currently in negotiation;
(v) The written advice of legal counsel; or
(vi) Minutes of a closed meeting of the governing body of the homeowners association, unless a majority of a quorum of the governing body of the homeowners association that held the meeting approves unsealing the minutes or a recording of the minutes for public inspection.
Charges for review or copies of books and records
(b)(1) Except for a reasonable charge imposed on a person desiring to review or copy the books and records or who requests delivery of information, the homeowners association may not impose any charges under this section.
(2) A charge imposed under paragraph (1) of this subsection for copying books and records may not exceed the limits authorized under Title 7, Subtitle 2 of the Courts Article.
Deposit of disclosures in depository
(c)(1) Each homeowners association that was in existence on June 30, 1987 shall deposit in the depository by December 31, 1988, and each homeowners association established subsequent to June 30, 1987 shall deposit in the depository by the later of the date 30 days following its establishment, or December 31, 1988, all disclosures, current to the date of deposit, specified:
(i) By § 11B-105(b) of this title except for those disclosures required by paragraphs (6)(i), (8), (9), and (12);
(ii) By § 11B-106(b) of this title except for those disclosures required by paragraphs (1), (2), (4), and (5)(i); and
(iii) By § 11B-107(b) of this title.
(2) Beginning January 1, 1989, within 30 days of the adoption of or amendment to any of the disclosures required by this title to be deposited in the depository, a homeowners association shall deposit the adopted or amended disclosures in the depository.
(3) If a homeowners association fails to deposit in the depository any of the disclosures required to be deposited by this section, or by § 11B-105(b)(6)(ii) or § 11B-106(b)(5)(ii) of this title, then those disclosures which were not deposited shall be unenforceable until the time they are deposited.

Credits

Added as Real Property § 11B-111 by Acts 1987, c. 321, § 1, eff. July 1, 1987. Renumbered as Real Property § 11B-112 by Acts 1988, c. 82, § 1, eff. April 12, 1988. Amended by Acts 1988, c. 82, § 1, eff. April 12, 1988; Acts 1989, c. 5, § 1, eff. March 9, 1989; Acts 1990, c. 297, § 1, eff. July 1, 1990; Acts 2004, c. 382, § 1, eff. Oct. 1, 2004; Acts 2009, c. 95, § 1, eff. Oct. 1, 2009; Acts 2009, c. 96, § 1, eff. Oct. 1, 2009; Acts 2009, c. 659, § 1, eff. Oct. 1, 2009.

Editors' Notes

HISTORICAL AND STATUTORY NOTES
Prior Laws:
Real Property § 11B-112, added by Acts 1987, c. 321, § 1, related to the short title, renumbered as Real Property § 11B-114 by Acts 1988, c. 82, § 1, eff. April 12, 1988.
MD Code, Real Property, § 11B-112, MD REAL PROP § 11B-112
Current through all legislation from the 2017 Regular Session of the General Assembly
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