Testimony on HB 31 and 34 at State Legislature
Legal Standing for Homeowner AssociationsYesterday, on behalf of HCCA, I testified before the Md. House Judiciary
Committee in support of House Bills 31 and 34. These would extend legal
standing to homeowners associations (HOAs), allowing them to appeal government decisions, usually on land use.
Bill 34 would change the definition of 'standing' for both individuals and
groups, making it easier for them to qualify. With respect to the larger
"community associations" the definition is so narrow that almost none would
qualify, including HCCA. Similar bills have failed four times, so the narrow
definitions were included to enhance chances of passage. The companion bills in
the Senate are 65 and 159 going to hearing this afternoon. In HCCA's
presentation yesterday one Committee member was struck by the fact that in
Columbia, a community of 100,000 people, none may have standing to contest
approval of the 27-story equivalent Plaza Building which is widely disfavored by
the residents. If this legislation had been in place, the local HOA would have
had standing to appeal.
There is a need for additional legislation enabling environmental groups to
contest land use decisions; often no individuals are impacted in a way different
from that of the general public, and thus no one has standing to appeal or sue.
A number of those testifying yesterday spoke to this issue. A bill was enacted
in 1978 to provide for this but at the last minute one sentence was slipped in
which said that the old standards applied, quashing the effect of the bill.
Maybe this needs to be revived in its original form.
The federal government has long had these more inclusive provisions on
standing and they have not caused a flood of litigation; Maryland is behind the
times on this one. HCCA member Allen Dyer deserves a great deal of credit for
introduction of the legislation, as does Delegate Morhaim, its chief
sponsor.
Bridget Mugane, President
HCCA
1/31/2007