Maryland HB 1300: Montgomery County - Restriction on Use of Real Property - Limitation MC 8-24

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1300*

HOUSE BILL 1300
N1, C9 4lr0746

By: Montgomery County Delegation
Introduced and read first time: February 9, 2024
Assigned to: Environment and Transportation

A BILL ENTITLED

AN ACT concerning 1

Montgomery County – Restriction on Use of Real Property – Limitation 2

MC 8–24 3

FOR the purpose of providing that certain restrictions on use that prohibit the use of real 4
property in Montgomery County for housing units otherwise authorized under law 5
are void and unenforceable; applying this Act retroactively to restrictions on use 6
recorded before a certain date; and generally relating to restrictions on use of real 7
property in Montgomery County. 8

BY adding to 9
Article – Real Property 10
Section 2–126 11
Annotated Code of Maryland 12
(2023 Replacement Volume) 13

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15

Article – Real Property 16

2–126. 17

(A) IN THIS SECTION, “RESTRICTION ON USE” MEANS ANY COVENANT, 18
RESTRICTION, OR CONDITION CONTAINED IN: 19

(1) A DEED; 20

(2) A DECLARATION; OR 21

2 HOUSE BILL 1300

(3) THE BYLAWS OR RULES OF A CONDOMINIUM OR HOMEOWNERS 1
ASSOCIATION. 2

(B) THIS SECTION APPLIES ONLY IN MONTGOMERY COUNTY. 3

(C) A RESTRICTION ON USE THAT PROHIBITS THE USE OF REAL PROPERTY 4
FOR HOUSING UNITS OTHERWISE AUTHORIZED UNDER LAW IS VOID AND 5
UNENFORCEABLE AS CONTRARY TO PUBLIC POLICY. 6

SECTION 2. AND BE IT FURTHER ENACTED, That, except as provided in Section 7
3 of this Act, this Act shall be construed to apply only prospectively and may not be applied 8
or interpreted to affect any restriction on use recorded before the effective date of this Act. 9

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall be construed to 10
apply retroactively and shall be applied to and interpreted to affect any restriction on use 11
recorded before June 1, 1958. 12

SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
October 1, 2024. 14