Maryland Condo Elections Under HB 1534: What's Different from HOA Rules

Quick Answer

Maryland governs condominiums and homeowners associations under two different statutes, and a condominium board that follows HOA guidance is following the wrong rules.

• Condominiums: Maryland Condominium Act, Md. Real Property Code Title 11
• HOAs: Maryland Homeowners Association Act, Md. Real Property Code Title 11B

Both community types are reached by the 2025 election legislation, but the underlying governance provisions they sit on top of are different — council of unit owners versus homeowners association, percentage interests versus lot votes, and different rules on notice, meetings, and reserves.

The three things a Maryland condo board should confirm before its next election:

• 1Which statute governs you. Your declaration will say. If you were created as a condominium regime, it is Title 11.

• 2Whether your votes are weighted. Many Maryland condominiums allocate votes by percentage interest rather than one vote per unit. That changes quorum arithmetic and every threshold in your bylaws.

• 3That your notice went out on the right clock, computed from your own bylaws and the Act, not from an article written about HOAs.

Applying the wrong statute is not a technicality. It is the most common route to an election a unit owner can reopen.

This article is general information, not legal advice. Consult a Maryland attorney for advice specific to your condominium, and confirm current statutory text before relying on any deadline.

Your Condo Isn't an HOA, and Maryland Law Treats Them Differently

Most articles about Maryland HB 1534 refer to "HOA elections." But Maryland has two separate statutes governing community association elections, and if you're a condominium, you're governed by a different one.

• HOAs: Maryland Homeowners Association Act (Md. Real Property Code §11B)
• Condominiums: Maryland Condominium Act (Md. Real Property Code §11)

The election requirements, governance structures, and voting rules differ between these statutes. Applying HOA rules to a condominium, or vice versa, can invalidate your election.

This guide covers the Maryland Condominium Act's specific election provisions, how HB 1534 applies to condos, and what condo boards need to do differently from HOAs.

This article is for informational purposes only and does not constitute legal advice. Consult a qualified Maryland attorney for advice specific to your condominium.

The Maryland Condominium Act: Key Election Provisions

Governance Structure

Under the Maryland Condominium Act, the governing body is called the council of unit owners. This is functionally equivalent to an HOA's board of directors, but the statutory language, and some of the rules, differ.

Key differences from the HOA Act:

Weighted Voting

This is the most significant practical difference. In many Maryland condominiums, votes are not equal. A penthouse with a 3% common area interest may have 3x the voting power of a studio with a 1% interest.

Weighted voting affects:

• Quorum calculations: quorum is a percentage of total voting power, not total units
• Election results: a candidate supported by 40 unit owners with small units can lose to a candidate supported by 20 unit owners with large units
• Electronic voting platforms: the platform must support weighted voting, not just one-vote-per-unit

At vote.direct, weighted voting is supported natively. When you upload your voter roster, you include each unit's voting weight. The platform automatically applies the weights to every ballot and calculates results accordingly.

Developer Transition

Many newer Maryland condominiums are still under declarant (developer) control. During this period, the developer appoints the board and controls elections. The Condominium Act specifies when control must transition to unit owners, typically when a certain percentage of units are sold.

Key point: HB 1534's independent party requirement applies to elections during and after the transition period. If the developer is conducting an election to seat the first unit-owner-elected board, that election must be overseen by an independent party.

How HB 1534 Applies to Condominiums

Same Requirements, Same Deadline

HB 1534 (enacted as SB 758 / Chapter 512) amends both the HOA Act and the Condominium Act. For condominiums, the new election-administration rules appear at Md. Real Property §11-109(c)(17)–(22). The core requirements are identical to the HOA side:

• 1Elections for the governing body must be administered by an independent party

• 2An online voting platform is an explicitly permitted way to provide that independent administration. The statute does not enumerate technical platform specifications, but a sound platform should offer verifiable voter identity, third-party administration, anonymity when required, and audit-friendly results

• 3Property management representatives are not independent parties, unless the management is owned by the association or a parent association

• 4An owner may serve as the independent party only if not a board member, not a candidate, not a campaigner, and not objected to by more than 25% of the eligible voting members

• 5Effective date: October 1, 2025

What "Governing Body" Means for Condos

For condominiums, the "governing body" is the council of unit owners (or whatever your declaration calls the elected board). Elections for the council must comply with HB 1534. Elections for subcommittees, social committees, or other non-governing groups are not covered.

Condominium-Specific Compliance Considerations

1. Weighted Voting Setup

When setting up your election on a voting platform, you must configure voting weights correctly. Here's how to prepare your roster:

Critical: Verify the voting weights against your declaration before the election. Incorrect weights can invalidate results. Your declaration specifies each unit's percentage interest in the common elements. This is typically the basis for voting weight.

2. Quorum for Condos

Condominium quorum requirements may differ from HOA quorum requirements. Check your bylaws and declaration for the specific percentage.

Common Maryland condo quorum provisions:

• In-person meetings: Typically 25-33% of total voting power
• Action by ballot (without meeting): May require higher participation
• Adjourned meeting: Some declarations allow a reduced quorum if the original meeting failed to reach quorum

Electronic access can reduce scheduling friction, but there is no published vote.direct dataset establishing a routine 60–80% participation rate for Maryland condominiums. Use the condominium’s own comparable elections as the baseline and do not assume any channel will clear quorum.

3. Board Size and Staggered Terms

Condominium boards in Maryland typically have 3-9 members with staggered terms (1/3 of the board elected each year). When setting up your ballot:

• List only the seats up for election this year
• Include the term length for each seat
• Ensure candidates understand which seat they're running for

4. Budget Ratification Votes

Many Maryland condominium declarations require unit owner approval for the annual operating budget. This is less common in HOAs.

While HB 1534's independent party requirement specifically covers "elections for the governing body" (not budget votes), using the same platform for budget ratification votes is simpler and cheaper than maintaining two separate voting processes.

With flat-rate pricing, a 200-unit condo pays $19.99 for the board election and $19.99 for the budget vote: $39.98 total for the year (email + SMS included).

Step-by-Step: Running a Condo Election Under Maryland Chapter 512

4 Months Before the Election

• 1Review your declaration for voting weight percentages and quorum requirements

• 2Check your bylaws for election procedures, nomination deadlines, and notice requirements

• 3Identify seats up for election this cycle

• 4Start bylaw amendment if your bylaws assign election administration to the board or management company

2 Months Before

• 1Choose your independent party (recommend: third-party voting platform)

• 2Open nominations per your bylaws

• 3Prepare your voter roster with correct voting weights

• 4Send homeowner communication explaining the new election process

1 Month Before

• 1Send official election notice (at least 21 days before the meeting, check your bylaws for specific requirements)

• 2Finalize candidate list

• 3Upload roster to voting platform with verified email addresses and voting weights

1 Week Before

• 1Configure the ballot on the platform (candidates, seats, voting rules)

• 2Set the voting window (typically 7-14 days, closing at or during the annual meeting)

• 3Preview and approve: have at least two board members review the ballot before launch

• 4Launch: voting links are sent to all eligible unit owners

During the Election

• Platform sends automatic reminders to non-voters
• Real-time quorum tracking shows participation percentage (weighted)
• Board and management stay hands-off, no dashboard access

At Close

• Results calculated automatically using weighted voting
• Certified PDF report delivered to designated recipients
• Complete audit trail archived

Condominium Pricing Scenarios

Published software prices include weighted-voting support, quorum tracking, reminders, and final-result exports. Independent parties, notices, counsel, and offline administration are separate unless a written quote says otherwise.

HOA vs. Condo: Side-by-Side Comparison

FAQ

Q: Does HB 1534 apply to my condo?

If your condominium is governed by the Maryland Condominium Act (Md. Real Property Code §11-101 et seq.), then yes. This covers virtually all condominiums in Maryland.

Q: We have weighted voting. Can online platforms handle that?

Yes. At vote.direct, you upload each unit's voting weight as part of the voter roster. The platform applies weights automatically to every ballot and calculates results using weighted totals.

Q: Our declaration says the developer runs elections until transition. Does HB 1534 override that?

HB 1534 applies to elections for the governing body regardless of who the declaration says should administer them. If the developer is conducting an election (even during the transition period), it must be overseen by an independent party.

Q: Can we combine our board election and budget vote into one voting event?

Yes. Many condominiums include multiple ballot items in a single voting event: board seats, budget ratification, bylaw amendments, etc. At vote.direct, you can add multiple questions to a single ballot. The flat-rate cost covers the entire election regardless of how many items are on the ballot.

Q: How are ties broken with weighted voting?

Check your declaration and bylaws for tie-breaking provisions. If they're silent, common approaches include: a runoff election between tied candidates, selection by lot (random draw), or deferral to the next meeting. The voting platform reports exact weighted totals so ties are clear.

The Bottom Line

Maryland condominiums face the same HB 1534 deadline as HOAs, but the details of compliance differ. Weighted voting, developer transitions, and condo-specific governance structures add complexity that HOA guides don't cover.

The good news: compliance costs the same (flat rate from $4.99/election) regardless of whether you're an HOA or a condo. The only additional step is configuring voting weights, a 10-minute task if your declaration is accessible.

Sources:

• 1Maryland Real Property Code §11-101 et seq.: Maryland Condominium Act

• 2Maryland Real Property Code §11-109(c)(17)–(22): Election administration by an independent party (condominiums)

• 3Maryland Real Property Code §11B-101 et seq.: Maryland Homeowners Association Act

• 4Maryland Real Property Code §11B-118: Election administration by an independent party (HOAs)

• 5Maryland HB 1534 (2025), enacted as SB 758 / Chapter 512 (effective October 1, 2025): Independent election administration

• 6Maryland Real Property Code §11B-113.2: Electronic transmission of votes and proxies