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Important legal disclaimer.
HOA Ballot is not a law firm and does not provide legal advice. Nothing
on this page, and nothing HOA Ballot says, does, or generates, is legal
advice or may be relied on as legally valid or sufficient. Your
association and its legal counsel are solely responsible for verifying
the approval threshold, legal compliance, amendment language, filing
requirements, and legal sufficiency of the vote. Please independently
verify all information and consult a licensed attorney. Statute
references on this page are shown for transparency about what we review;
they are not legal advice — confirm every requirement with your
association's attorney.
What we look for before quoting
A practical review, not legal advice
Planned communities (Maryland HOA Act)
Maryland's Homeowners Association Act (Md. Code, Real Property §§ 11B-101 et seq.) governs planned communities. It generally lets an association amend its governing document by the affirmative vote of lot owners in good standing holding at least 60% of the votes in the development, unless the recorded documents allow a lower figure (Md. Code, Real Property § 11B-116(c)). Your community's recorded declaration and bylaws control, so the exact threshold and procedure may differ from this default.
Condominiums (Maryland Condominium Act)
For condominiums, the Maryland Condominium Act (Md. Code, Real Property §§ 11-101 et seq.) applies. As of an October 2024 change, the declaration may generally be amended with the written consent of 66 2/3% of the unit owners listed on the current roster, though 80% can be required while the developer still owns units (Md. Code, Real Property § 11-103(c)). Certain changes — to unit boundaries, percentage interests, common-expense liability, or voting rights — generally require unanimous owner consent, and an amendment typically takes effect only when recorded (Md. Code, Real Property § 11-103(c)).
How the vote can run
Maryland generally allows owners to submit a vote or proxy by electronic transmission when the submission verifies the owner's authorization, and written and proxy ballots remain available (Md. Code, Real Property §§ 11B-113.2, 11-139.2). If your documents require a secret ballot and electronic anonymity cannot be guaranteed, owners generally must be given the option to cast anonymous printed ballots. Notice rules apply (e.g., § 11B-111), and a 2025 law (HB 1534, effective Oct. 1, 2025) generally requires an independent party to administer elections for the governing body.
Before we quote
Maryland details that shape your vote
These are the things we check so your quote and timeline are realistic —
not legal advice, just the questions a careful Maryland vote has to answer.
Two separate statutes apply: the Maryland Homeowners Association Act (Real Property Title 11B) for planned communities and the Maryland Condominium Act (Real Property Title 11) for condominiums.
The HOA default to amend a governing document is generally 60% of the votes of lot owners in good standing, or a lower figure if the recorded documents allow (§ 11B-116(c)).
Condominium declarations generally require 66 2/3% written consent of the unit owners listed on the current roster as of October 2024, but 80% may apply while the developer still owns units (§ 11-103(c)).
A recorded declaration or bylaws may set a higher threshold or extra steps, and those recorded terms generally control over the statutory default.
Some condominium changes — unit boundaries, percentage interests, common-expense liability, or voting rights — generally need the unanimous consent of all owners (§ 11-103(c)).
Electronic, written, and proxy voting are generally permitted with proof of authorization, and a secret-ballot requirement generally triggers an anonymous printed-ballot option (§§ 11B-113.2, 11-139.2).
Amendments generally take effect on recording in the county land records (for condominiums, § 11-103(c)); Maryland does not usually require separate state-agency approval.
Where the documents require mortgagee approval, a lender that does not object within 60 days of notice is generally deemed to have consented (§§ 11B-116(d), 11-103(c)).
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