Legislative Watch

A message from the CSHOA board -

We received the following from Kathleen M. Elmore, Esquire – Chair – Maryland Legislative Action Committee for Community Associations Institute, and are passing it along for your information:

The ACLU Wants to Unlock the Doors to Your Community!

On Friday, February 25, the Maryland Senate Judicial Proceedings Committee passed Senate Bill 212. The bill was sponsored by Senator Alexander Mooney with the support of the Maryland ACLU. As drafted, this legislation would undermine the core principles that attract people to community associations – security and rules to protect property values.

Inaccurately framed as a freedom of speech issue, SB 212 is a full on assault to the private property rights of residents in Maryland’s condominium and homeowners associations. We need your help to stop this legislation!

If passed SB 212 would:

• Give non-residents an unlimited right of entry onto your associations private property, including gated communities and secured condominium buildings for any ‘noncommercial purpose.”
• Create a constitutional takings issue by granting 3rd parties rights to access you and your associations property.
• Prevent associations from regulating ANY non-commercial displays within the community which would render most, if not all, architectural restrictions null and void.
• Repeal current Maryland law which provides well-balanced and clear protections for homeowners to display political signs and American flags and replace it with a vague “Free-for-all” standard preventing any regulation of “non-commercial activity”.

This issue has been framed as a matter of free speech and constitutional rights and as a result has gotten the ear of politicians in Annapolis. The ACLU would like them and you to believe that by living in a community association you have given up your constitutional rights. But the reality is that by living in a community association, you are actually exercising your rights of expression by agreeing with your neighbors on how you would like you community to operate, look and what security measures are appropriate for your neighborhood and building.

Take action now to protect your community and your property by calling your Senator and telling them to Vote No on SB 212.

Kathleen M. Elmore, Esquire
Chair – Maryland Legislative Action Committee for
Community Associations Institute
5 Riggs Avenue
Severna Park, Maryland 21146
Phone: 410.544.6644 ext. 100
Fax: 410.544.7294
E-mail: kelmore@elmore-throop.com
Web: Elmore-Throop.com