Community and homeowners? association members support new legislation that provides them with legal standing in state court ? and, they said, the clout to thwart unpopular development projects.
“We have to find someone willing to stick their neck out,” said Mike Pretl, president of the Wicomico Environmental Trust. “It takes courage for someone to come forward and represent the community.”
Community leaders testified Tuesday before the House of Delegates? Judiciary Committee, asking to represent collective community interests in state court.
Current law requires lawsuits to name individual property owners who have a stake in the case, opening them to threats of countersuits if they don?t back off opposition and private deals if they do, supporters said.
Developers, municipal lobbyists and Realtors said the proposal would lead to appeals that undermine broader public interests, such as government-set growth goals.
The bill requires associations to represent at least 25 percent of the adult residents of a community that consists of at least 40 households.
Bill sponsor Del. Dan Morhaim, D-District 11, said he would offer two additional criteria: that the association be at least five years old and designated a resident agent.
But that didn?t satisfy some challengers.
“This would allow people who aren?t harmed in a particular matter to take appeals to the next level,” said Tom Ballentine, director of government affairs for the Home Builders Association of Maryland.
Others who testified against the bill said local government bodies ? such as zoning, planning and appellate boards ? are more appropriate places for groups to combat development proposals.
Lou Miller, past president of the Greater Timonium Community Council Inc., is urging legislators to remove community associations from the proposal.
“The legal stuff is the citizens? responsibility,” he said. “So they should all put their names down together.”
