Current with changes from the 2024 Legislative Session
Section 11B-111.9 - Composting(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.Amended without change by 2022 Md. Laws, Ch. 134,Sec. 1, eff. 4/12/2022.Added by 2021 Md. Laws, Ch. 459,Sec. 1, eff. 10/1/2021.