If you own a condo unit, § 11-109 is genuinely thorough. Unless the bylaws say otherwise, a quorum exists once owners entitled to cast 25 percent of the condominium's votes are present in person or by proxy. Proxies can be given, but they last no longer than 180 days and can be revoked "at any time at the pleasure of" the unit owner who signed one. Nominations for the board have to go out at least 45 days before an election notice, candidates are listed alphabetically with no indicated preference, and if a developer still controls the board, a meeting to elect a real board has to happen within 60 days of the developer conveying 50 percent of the units to the public. The governing body also can't retaliate against owners for organizing, and any governing-document provision on elections that conflicts with the statute is void.
If you own a lot in an HOA, § 11-109 doesn't apply to you at all; your meeting rights come from § 11B-111 instead. It requires meetings, including board and committee meetings, to be open to all members with reasonable notice, and it draws a hard line around when a board can go behind closed doors: only for enumerated purposes like personnel matters, active or potential litigation, advice of legal counsel, an ongoing criminal investigation, a business negotiation still underway, or a specific statutory confidentiality requirement. If a meeting is properly closed, the statute still requires the time, place, purpose, and the recorded vote to close it to appear in the minutes of the next meeting.
Changing the documents: what it actually takes
For HOAs specifically, § 11B-116 sets the amendment threshold: the governing document can be amended by an affirmative vote of lot owners in good standing (not more than 90 days behind on assessments) holding at least 60 percent of the votes in the development, or a lower percentage if the governing document itself allows one. The section also handles mortgagee consent: if your documents require a lender's sign-off to amend, that requirement is satisfied if the lender is sent the proposed amendment and doesn't object in writing within 60 days, except for amendments that would alter the mortgage's priority or materially impair the lender's rights.
The authority
The statutes behind this
Cited by name as authority, for your own reading. Informational only, not legal advice.
Md. Code Ann., Real Prop. § 11-109
Governs condo meetings, notice, quorum (25% unless bylaws differ), proxies (180-day maximum, freely revocable), nominations, elections, and the developer-turnover deadline.
Md. Code Ann., Real Prop. § 11B-111
Requires HOA meetings, including board and committee meetings, to be open with reasonable notice, and limits closed sessions to a specific, enumerated list of purposes.
Md. Code Ann., Real Prop. § 11B-116
Sets the 60% good-standing vote threshold to amend HOA governing documents, and the 60-day silence-equals-consent rule for mortgagee approval of amendments.
Step by step
How to assert your meeting, quorum, and voting rights in Maryland
Steps to hold a Maryland condo or HOA accountable to its actual notice, quorum, and amendment rules.
- 01
Confirm the real quorum number
Condo owners: check § 11-109 for the 25% default unless your bylaws set a different number. HOA owners: check your bylaws directly, since § 11B-111's additional-meeting mechanism assumes your documents set the baseline quorum.
- 02
Check any proxy you're relying on, or one the board is
Condo proxies expire after 180 days and can be revoked at will under § 11-109(d)(10). A stale or improperly held proxy shouldn't count toward quorum or a vote.
- 03
Insist on open meetings
HOA boards can only close a meeting for the specific purposes listed in § 11B-111(4). If a closed session doesn't fit one of those categories, object in writing and ask that the objection be recorded in the minutes.
- 04
Verify the amendment vote count
For an HOA document amendment, confirm the board actually got 60% of lot owners in good standing under § 11B-116(c), or whatever lower threshold your own documents specify. Don't accept a claimed higher bar without checking.
- 05
Use the turnover clock if a condo developer is stalling
If a developer has conveyed 50% of the units, § 11-109(d)(16) requires a real board election within 60 days. Put the developer on written notice of the deadline if it's slipping past.
Straight answers
Common questions
What's quorum for a Maryland condo meeting?
Unless the bylaws say otherwise, § 11-109(d)(8) sets quorum at 25% of the condominium's total votes, present in person or by proxy.
Can my Maryland HOA board meet in secret?
Not generally. Section 11B-111 requires HOA meetings, including board and committee meetings, to be open with reasonable notice, and permits closed sessions only for a specific, enumerated list of purposes like personnel matters, active litigation, and advice of counsel.
How many votes does it take to amend my HOA's governing documents?
At least 60% of lot owners in good standing, meaning not more than 90 days behind on assessments, unless your own governing documents specify a lower threshold. That comes from § 11B-116(c).
Can I take back a proxy I gave for a condo vote?
Yes. Section 11-109(d)(10) says a proxy "may be revoked at any time at the pleasure of" the unit owner who signed it, regardless of what the proxy form itself says.