Committee backs bill to let County Council join rulemaking for common ownership communities

May 15, 2025 — The Planning, Housing and Economic Development Committee voted to report favorably on CB-45, a bill to expand rulemaking authority under the countys common ownership communities (COC) program so that the County Council may send rules to the COC commission.

Committee Vice Chair Oriotta, the bill sponsor, said the measure is a first step to let the council "be part of the conversation and move this process along" after earlier legislation created the commission. She told the committee she planned to work with Delegate Marvin Holmes and other stakeholders on standards that "make sense." (Vice Chair Oriotta)

Why it matters: Delegate Marvin Holmes and sponsor and council members argued the change will help give the COC program practical tools and a funding mechanism to operate. Holmes described recent state legislation (HB360) that will redirect a $100 fee toward the Office of Community Relations for dispute resolution; he said local rulemaking authority would add "teeth" and improve enforcement options for homeowners and condominium owners who currently lack a single state agency to handle COC complaints. (Delegate Marvin Holmes)

What the meeting record shows: Committee staff (Miss Hightower) said the Office of Law found CB-45 "in proper legislative form with no legal impediments to its enactment." Planning staff had no comment. Office of Community Relations (OCR) representatives told the committee the prior county common ownership legislation has an implementation date in fiscal year 2026, which explains why some elements have not yet been implemented. OCR staff also said the county is already in compliance with state law that delegates rulemaking to the executive branch and asked for clarification on adding the legislative branch to that role. (Miss Hightower; Leticia Hall; OCR staff)

Key details and clarifications: Holmes said HB360, signed by the governor the prior Tuesday, would direct the states COC fees to OCR so dispute resolution could be handled there instead of the general fund. OCR staff cautioned that the executive branch is charged under state law with promulgating rules and asked why the council should be added to that responsibility, especially given the implementation date tied to FY26. The committee record contains both positions; the bill as presented does not change the FY26 implementation date. (Delegate Marvin Holmes; OCR staff)

Vote and next steps: The committee moved a favorable report on CB-45; the motion was seconded and the clerk called the roll. The recorded ayes were Chair DeNova, Council member Olson and Vice Chair Oriotta. The roll call concluded "Motion carries 3-0." The measure will be reported out of committee for further council consideration. (Roll call recorded in transcript)

Ending note: Sponsors indicated they will continue to work with OCR, the county executives office and Delegate Holmes to define the specific rules and standards before final adoption.