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Statutes Text

Article - Real Property




§11B–111.9.

    (a)    (1)    In this section the following words have the meanings indicated.

        (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.



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