Maryland Code, REAL PROPERTY 11B-111.9
Terms Used In Maryland Code, REAL PROPERTY 11B-111.9
- Contract: A legal written agreement that becomes binding when signed.
- County: means a county of the State or Baltimore City. See
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(2) “Composting” means the controlled aerobic biological decomposition of organic waste material.
(3) “Composting facility” has the meaning stated in § 9-1701 of the Environment Article.
(4) “Local jurisdiction” means the county or municipality where the homeowners association is located.
(b) A recorded covenant or restriction, a provision in a declaration, or a provision in the bylaws or rules of a homeowners association may not prohibit or unreasonably restrict a lot owner from:
(1) Composting organic waste materials for the lot owner’s personal or household use, provided that the lot owner:
(i) Owns or has the right to exclusive use of the area where the composting is conducted; and
(ii) Observes all laws, ordinances, and regulations of the State and local jurisdiction that pertain to composting; or
(2) Contracting with a private entity to collect organic waste materials from the lot owner for composting at a composting facility.
(c) A recorded covenant or restriction, a provision in a declaration, or a provision in the bylaws or rules of a homeowners association that unreasonably impedes the ability of a private entity to access the common elements for the purpose of collecting organic waste materials from a lot owner shall be interpreted as a restriction on the lot owner’s right to contract for private composting services under subsection (b)(2) of this section.