IN A NUTSHELL
The Community Bill of Rights is a new law which took effect on October 1, 1996. It allows community associations to directly seek enforcement of many Baltimore City Codes. For example, the community bill of rights would allow a community association to directly file suit against the owner of a vacant lot asking the court to order the owner to clean up the lot and keep it clean. However, there are many hurdles that communities must meet to be eligible and many requirements to meet before a suit may be filed.

Who is eligible:
A community association that:

• Has specific geographic boundaries defined in its Bylaws or Articles of Incorporation and contains at least 40 households within those boundaries;
• Is comprised of at least 25% of adult residents of the community;
• Requires, as a condition of membership, the voluntary payment of monetary dues at least annually;
• Is operated primarily for the promotion of social welfare and general neighborhood improvement and enhancement;
• Has been in existence for at least two years;
• Is exempt from taxation under 501(c)(3) or (4) of the Internal Revenue Code - OR has been listed in the Community Association Directory for the last two years; and
• Is a Maryland corporation in good standing.

How does a community association meet all these requirements?

    Many large community associations will not be able to meet the requirements - particularly the 25 percent requirement. However, if you think you might be using this law, you should:

• Have articles of incorporation with the necessary IRS 501(c)(3) language. It is very easy to get incorporated or to amend existing articles of incorporation.
• Review your bylaws to make sure there are geographic boundaries defining your community;
• Review your bylaws to make sure there is a section defining who is a member. If you want to use this law, you should have some category of membership which requires a very low dues payment, for example 25 cents. This may require creating an additional category of membership.
• To meet the 25 percent requirement, you may have to do a door-to-door organizing campaign. Geographically smaller organizations will have a better chance of meeting this requirement.

What does a community association have to do before it can file a law suit?

    In ALL cases, the community association must first:

• Give 60 days notice of the violation to the applicable local enforcement agency, that is, the Health Dept, Housing and Community Development, Zoning, Police Dept, and so forth. The notice must state that the community association intends to bring an action under this law and be delivered by certified mail, return receipt requested.
• Health Dept - Commissioner of Health,210 Guilford Avenue, Baltimore MD 21202
• Housing and Community Development, Mr Robert Dengler, HCD, 417 E. Fayette Street, Baltimore MD, 21202
• Zoning Dept - Zoning Administrator, 417 E. Fayette Street, Baltimore MD 21202
• Police Dept - Police Commissioner, 601 E. Fayette Street, Baltimore MD 21202
• Fire Dept - Chief of Fire Department, 414 N. Calvert Street, Baltimore MD 21202
• Give 60 days notice to the tenant, if any, and to the owner. The notice must specify:
  • the type of nuisance, for example a trash strewn lot (pictures are always helpful);
  • the date and time of day that the nuisance was first discovered;
  • where on the property the nuisance is occurring, for example, trash and debris located on the corner of Elm and Maple Streets - or - located on the southwest corner of the property; and
  • the relief sought, that is, what you want them to do about it, for example, clean up the debris and fence the lot and arrange for someone to watch it or clean it on a regular basis.

  IF the applicable code enforcement agency has already filed an action for civil equitable relief, then the community association cannot also file for equitable relief. Equitable relief is when the court orders someone to do something to correct the situation, as opposed to criminal charges in which case a person can be fined or jailed.

  Normally, city agencies enforce the code by bringing criminal charges, not civil law suits seeking equitable relief. So, if there is a code enforcement process occurring, it will not stop a community from also seeking a remedy.

• Special Circumstances:
  
  • IF the source of the nuisance is a residential rental property, THEN a violation notice relating to the nuisance must be issued by the appropriate code enforcement agency PRIOR TO giving the owner and tenant the 60 day notice of intent to file suit.
  • IF the nuisance is based on housing or building code violations, other than recurring or continuous sanitation violations,
  • THEN a violation notice relating to the nuisance must have been issued by HCD and have been outstanding after a period of at least 75 days.

  Walking through the notice requirements:

  If you think you might have to file a suit to get results, then you should ensure that there is a code violation issued as soon as possible for housing and building code problems, and notify the owner and tenant as required by the law, as soon as possible.

  For those situations in which there usually is not a City agency which issues violations, you still must be able to make a case that the activity or condition is in violation of one of the code provisions.

  If there is a situation in which Police reports or complaints would be appropriate make sure people call in those complaints and get copies of documentation of the complaints.

  SO, WHAT CAN A COMMUNITY ASSOCIATION DO?

      Within the above restrictions, a community association can bring a law suit seeking a remedy to conditions which are also violations of certain applicable Baltimore City Code provisions. Below are listed the relevant chapters of the Code and some of the most likely specific sections of the law a community might pursue.

  Fire Prevention Code under Article 9:
  

  • §F - 105.3. Unsafe Buildings
  • §F - 409. Requires smoke detectors

  Article 11. Health
  Animal Control Chapter
  Nuisances and Prevention of Disease
  

  • §F113. Leakages from one property onto another, e.g. water in the basement, sewer lines
  • §F119. Liquid nuisance - nauseous liquids or other offensive matter flowing into streets or alleys - or keeping such matter on one's property
  • §F121. Vehicles transporting noxious or objectionable matter
  • §F127. Filth deposited within the City; provides for community service to clean the property as the penalty.
  • §F135. Dumping earth and garbage - covers just about everything; one cannot dump except in landfills; registered owner of the vehicle from which stuff was dumped, is, as a matter of law, responsible for the dumping.
  • §F160. Dumping or trashing on vacant lots
  Noise control - unfortunately is the scientific approach, i.e. in registered decibels.

• Article 13 Housing and Urban Renewal:
  Housing Code [Note: Community associations MAY NOT bring actions for interior property defects]
  • §309. Requires registration with HAD of owners and agents for residential rental properties.
  • §509. Requires containers for garbage, rubbish and ashes.
  • §701. Requires all yards, lawns, and courts to be kept clean and free from rodent infestation.
  • §703. Requires the exterior of buildings to be kept in good repair
  • §801. Requires properties not be overcrowded
  • §903. And §1005. Require extermination of insects, rats and other pests.
  • §1300... Covers vacant and unsafe buildings.

• Article 19. Police Ordinances
  
  • 232A. Public Nuisances (Padlock law) includes: prostitution and lewdness; drugs; gambling; and possession of stolen property. IF there are two or more convictions for one of the specified offenses, THEN the property may be vacated and padlocked for up to one year by the decision of the Police Dept.

• Article 30. Zoning - compliance with use restrictions [Note: Community associations MAY NOT bring actions to challenge any zoning application or approval]
  
  • IF a property is not in compliance with the zoning for that property and does not have a permit for the actual use of the property, THEN that property is in violation of the Zoning Code. For example, an automobile repair shop in a commercial - retail district is in violation of the zoning code unless there is a permit for that use.
  • Article 32. Building Code. (BOCA National Building Code, 1993 and Baltimore City Building Code, 1994)
    
    • §119... Covers unsafe structures and vacant buildings
    • § 3401...Covers physical maintenance and sanitary maintenance of existing structures
    • § 3401.2.2. Requires a clean and sanitary exterior including trash, vermin, and insects, abandoned cars, and objects or conditions which constitute a nuisance or a health, accident or fire hazard.

WHAT ELSE SHOULD A COMMUNITY ASSOCIATION KNOW?

• When Does the Law NOT Apply?
• An action may not be brought against a political subdivision of the state, the city, or any agency of the city. {Note: The Housing Authority of Baltimore City is a separate corporation and not part of the City

This law cannot be used for an action:

• to challenge any zoning application or approval;
• to seek relief from a condition relating to lead paint;
• to seek relief from an interior physical defect of a property;
• to seek relief from a vacant dwelling that is maintained in a boarded condition, free from trash and debris, and secure against trespassers and weather entry;
• if the City has a pending action for equitable relief;
• involving any violation of alcoholic beverage laws; or
• involving any matter in which a certificate, license, permit, or registration is required or allowed under the environment article of the Maryland Code.

When the Community Association Files an Action, It Must:

• Establish that the nuisance:
• significantly affects other residents;
• diminishes the value of neighboring property [Note: You may need a real estate agent or appraiser to meet this requirement.]
• is injurious to public health, safety or welfare of residents, OR
• obstructs the reasonable use of other property in the neighborhood.

Be prepared to post a bond in an amount set by the court (this can vary a GREAT deal) to be paid to the defendant for any costs incurred as a result of the suit, IF the court finds that the action was filed in bad faith or without substantial justification.