MDP explains parking-study requirement and says HOAs cannot unreasonably ban ADUs
Summary
Reitman told the task force that Maryland law allows local parking requirements for ADUs only after a parking study and that changes to the real-property article prevent homeowners associations from unreasonably restricting ADU development in private instruments.
The ADU law includes a conditional rule on parking: jurisdictions that wish to require off-street parking for ADUs must first conduct a parking study to substantiate that requirement, MDP's Cutter Reitman said. Montgomery County retained parking requirements but conducted a study as part of its zoning-text amendment.
Reitman also explained changes to the real-property article that were part of HB 1466: private instruments such as deeds or HOA bylaws may not impose restrictions that "unreasonably restrict the development of ADUs." He said an HOA that attempted to maintain a de facto prohibition could face litigation and that the statute aims to prevent contractual barriers that would nullify the law's intent.
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