As of October 1, 2026, a Maryland homeowners association or condominium can charge up to $330.17 to produce the resale documents a buyer needs, as long as the fee doesn't exceed actual cost. That cap comes from the Maryland Department of Housing and Community Development. Six months earlier, the General Assembly considered a bill that would have cut the base fee to $100 and halved the delivery time. It didn't pass. The higher cap took effect the same day as a set of buyer protections that did become law.
For a seller in Spring Ridge, Whittier, Villages of Urbana, Lake Linganore or any other Frederick County community with a homeowners association, the result is lopsided. The law now moves a buyer's refundable deposit faster. The association paperwork that starts so many contracts runs on the same calendar and costs a little more.
The Package That Got More Expensive
The bill was HB 1132. Its sponsors wanted associations to deliver resale documents in 10 days instead of 20. It would also have set the base package fee at $100 instead of $250, dropped the higher rush fees, capped expedited and update charges, and ended the automatic inflation adjustments. The Community Associations Institute's post-session report, published April 17, 2026, says the bill died in the Senate. A companion bill, HB 1260, would have required associations to post general community disclosures online as free downloads and limited paid packages to information about the specific home. It also failed.
Those automatic inflation adjustments are why the $250 written in the statute is now $330.17. The existing rules stay in force, so this is what a resale still runs on this fall:
| Item | Condominium | Homeowners association |
|---|---|---|
| Maximum base document fee, as of Oct. 1, 2026 | $330.17, not to exceed actual cost | $330.17, not to exceed actual cost |
| Standard delivery after the owner's written request and fee | 20 days | 20 days |
| Delivery within 14 days | Up to $50 more | Up to $50 more |
| Delivery within 7 days | Up to $100 more | Up to $100 more |
| Inspection, if required | Up to $100 | Up to $50, if the governing documents require it |
The timing rules for the buyer differ by community type. Under Real Property §11-135, a condominium seller has to give the buyer the required disclosures at least 15 days before closing. Under §11B-106, an HOA buyer has to receive the information at contract or within 20 calendar days after it. The seller also has to disclose any change of more than 10% in mandatory fees or payments once they learn of it.
In a community with more than one association layer, all of this can stack. We've written before about how Spring Ridge's four-layer HOA structure can require two sets of resale documents. For that seller, a 20-day standard window and a rush premium can apply to more than one package.
A Faster Refund, With Two Clocks
What did pass deals with the other end of the contract: what happens to the buyer's deposit when a contingency ends the deal. SB 691, now Chapter 716, was signed May 26, 2026 and took effect October 1.
It made two changes. First, it struck the list of 15 example contingencies from Real Property §10-803. The list included appraisals, home and environmental inspections, HOA notices, septic inspections, termite inspections and property condition disclosures. The list never named financing. Its only mention of financing came in a category for "third-party approval not related to financing." The general definition stays. A contingency is a clause that requires a specific event or action for the contract to be enforceable and entitles the party who exercises it to terminate and receive the deposit. With the examples gone, any clause that meets that definition uses the same process.
Second, it shortened the wait. According to the Department of Legislative Services fiscal note, the process now runs like this:
- The buyer sends a written request for the deposit to both the holder of the funds and the seller.
- The seller has 10 days to give the holder a copy of a District Court complaint, or a copy of a notarized written request for mediation that has actually been sent to a mediator. That last condition is new.
- If neither arrives in those 10 days, the holder must release the money to the buyer within 5 days and notify both parties. Before October 1, the holder could wait up to 30 days after the buyer's request.
- If a complaint or mediation request does arrive, the holder keeps the funds until a court order or mediation agreement, or until the holder files an interpleader action.
When the seller doesn't contest, the maximum wait drops from about 30 days to about 15. When the seller does contest, the holder keeps the funds under the same rules as before. The only new piece is that a mediation request now counts only if it has been sent to a mediator.
Where the Two Clocks Meet
Put these together in an ordinary Frederick County resale with an HOA review clause. The association can take 20 days to produce the package unless someone pays for faster delivery. If the buyer then terminates under a qualifying contingency, the deposit is now likely to come back within about 15 days. The refund timeline got shorter, while the document timeline that often sets the pace of the contract stayed at 20 days.
That is where the cost and timing questions from the table come up. Who orders the package, when, and whether anyone pays the $50 or $100 rush premium all shape the first weeks of a contract more than the October 1 changes do. The contract and the association's own fee schedule settle those questions, and the actual-cost limit on the base fee still applies.
New Construction Gets a Notice at the Door
Anyone touring a builder's model or new home will see one more October 1 change. Under HB 850, now Chapter 544, a builder holding an open house must post a clear, conspicuous notice. It has to say the sales representative represents the builder, not the buyer, and that the buyer may get their own representation.
A related bill did not pass. HB 920/SB 811 would have required a developer, builder, broker or agent to enter a new home's final sale price into a multiple listing service. State law still doesn't require that entry, so a buyer comparing a new home with a nearby resale will often need to ask about sale prices and incentives directly.
Three Smaller Items for Owners
EV chargers. Under HB 405, condominium and HOA governing documents can no longer ban or unreasonably restrict EV chargers in common parking spaces. Owners who apply still go through the association's normal budget process. The association may require a parking capacity assessment and a renewable license to use common elements. The law applies retroactively to rules adopted on or before October 1, 2026.
Defunct service agreements. Since June 1, 2026, SB 814 has barred enforcement of long-term "homeowner benefit" or service agreements signed before June 1, 2023 when the provider isn't in good standing with the State Department of Assessments and Taxation. The Southern Maryland REALTORS session summary says these agreements sit on about 1,000 Maryland properties and have blocked sales and refinances.
Septic. For acreage and hobby-farm buyers, HB 146/SB 165 would have required septic systems to be inspected, and pumped if needed, before a transfer, with settlement held until both parties had the report. It failed. Septic inspections remain something buyers and sellers negotiate in the contract. A septic inspection contingency was on the old §10-803 example list, so it still falls within the general definition that now governs deposit returns.
FAQ
Does the faster deposit timeline apply to contracts signed before October 1, 2026? The enacted text says only that the act takes effect October 1, 2026. If you have a contract that spans that date, ask the person holding your deposit how they are applying it.
Did Maryland change the standard seller property condition disclosure this year? The 2026 legislative sources we reviewed show no enacted change to the ordinary property condition disclosure or disclaimer process.
Can my association charge less than $330.17 for a resale package? Yes. $330.17 is a ceiling, and the fee can't exceed the association's actual cost.
This post explains how these rules work in general. It isn't legal, tax or financial advice, so please confirm the details of your own contract with a Maryland real estate attorney or the right professional.
If you plan to list this fall in a community with an HOA or condo association, it pays to time the resale package as carefully as the price. The Trish Mills Team can help you work out when to order it, what it should cost under the current cap, and how it fits your closing date. Start with an instant home valuation and we'll take it from there.
