September 2025 Newsletter
- Admin
- Sep 8
- 3 min read
Open and Fair Elections in HOAs and Condo Associations:
New Law Takes Effect on October 1
Note: This is the first of several columns on new Maryland laws affecting homeowners in common ownership communities (COCs). This piece talks about elections. Future columns will discuss enforcement, as well as examination of books, records, and financial statements.
On October 1, 2025, a new Maryland law takes effect. One section of the law requires that an “independent party” collects and counts ballots, and certifies the results, in an election determining the board of directors of a Common Ownership Community (COC). This means that many COCs will have to change their practice of having property management staff or members of the board collect and count ballots and otherwise administer their election.
Does that sound difficult or expensive? It doesn't have to be. This fall is a good time to prepare for winter and spring COC elections.
Finding Independent Election Administrators
A homeowner can volunteer for the job of election administrator. They can offer their home address as the place where mail-in ballots can be sent. Along with other independent parties (i.e., widely trusted homeowners), they can form a committee to count ballots and verify results according to their community’s bylaws. The board, or a meeting of the members, can approve these people to serve as election administrators, in line with your community’s bylaws. CHARM Maryland recommends that any community create a committee of at least three residents to manage the collection and counting of the ballots.
Who is an Independent Party?
A homeowner is an “independent party” if they are not running for office themselves and do not have a conflict of interest regarding any candidate. For example, they should not campaign for any candidate or expect any kind of reward based on who wins. (The precise language of the law is below.)
Why did the election law for HOAs and Condo Associations change?
One goal of this new law is to prevent those with potential conflicts of interest in the outcome of the election (e.g., members of the current board or property management staff) from collecting and counting the ballots. That seems like common sense. CHARM Maryland endorsed the bill and we're glad to see it become law and go into effect on October 1.
Use of Electronic Voting Systems
An electronic voting system administered by a third party could also fulfill the intent of this new law, but buyers should beware. Read reviews of different voting systems being offered to COCs.
One concern is that the community itself (not the company) should own all of the data resulting from the election. Another is that there should be a clear procedure for auditing and recounting the votes by the members of the community.
The website for Independent American Communities related a problematic example from Virginia in 2019. We do not believe it is necessary for COCs to purchase voting systems in order to obey the new law. For example, the League of Women Voters of Montgomery County consults with COCs (for a fee) on how to run traditional (mail and in-person) elections. And, of course, Montgomery County's Commission on Common Ownership Communities (CCOC) has guidelines.
Background, Details, and Sources
This law applies to the board of directors or any committee whose actions do not require consent to govern. Electioneering is traditionally considered to be endorsing or campaigning, especially with printed materials and especially near the voting location.
Read the state’s analysis (Fiscal and Policy Note) about the new law here: https://mgaleg.maryland.gov/2025RS/fnotes/bil_0008/sb0758.pdf
Read a highlighted Maryland law guide (abridged) here:
See the unabridged current laws as amended (HTML or PDF) here: https://mgaleg.maryland.gov/mgawebsite/Laws/Statutes
Here is an excerpt of Elections, Financial Statements, and Enforcement. SB758, sponsored by Senator Cheryl Kagan, which will become law on October 1, 2025.
Text of New Law
THE 2025 AMENDMENTS TO THE MARYLAND CONDOMINIUM ACT 11-109 AND THE MARYLAND HOMEOWNERS ASSOCIATION ACT 11B-118 ARE AS FOLLOWS:
(TEXT SIGNED BY GOVERNOR)
(I) ELECTIONS, INCLUDING THE COLLECTION AND COUNTING OF BALLOTS AND THE CERTIFYING OF RESULTS, FOR OFFICERS OR MEMBERS OF THE GOVERNING BODY OTHER THAN THE FULL MEMBERSHIP OF THE COUNCIL OF UNIT OWNERS SHALL BE CONDUCTED BY INDEPENDENT PARTIES WHO:
1. ARE NOT CANDIDATES IN THE ELECTION; AND
2. DO NOT HAVE A CONFLICT OF INTEREST REGARDING ANY CANDIDATE IN THE ELECTION.
(II) A UNIT OWNER IS AN INDEPENDENT PARTY IF THE UNIT OWNER:
1. COMPLIES WITH THE REQUIREMENTS OF THIS SECTION;
2. DOES NOT ELECTIONEER FOR ANY CANDIDATE; AND
3. IS NOT SUBJECT TO AN OBJECTION BY MORE THAN 25 PERCENT OF THE ELIGIBLE VOTING MEMBERS OF THE COUNCIL OF UNIT OWNERS.
Disclaimer: CHARM-Maryland does not engage in disputes or offer legal advice. We offer resources and sponsor conversations about the law and how it affects homeowners in COCs. Comments are welcome.