A simple word change in Del. Richard N. Dixon's bill to allow private communities to negotiate with municipalities for road services may have improved its chances of passing.
"I think we've cleaned it up and made it more permissive," Mr. Dixon said during yesterday's hearing by the House Commerce and Government Matters Committee. "The word 'may' is the operative word. I note that we have no opposition this year."
Mr. Dixon said that although the new version of the bill would make such agreements voluntary, it would provide a legal basis for arrangements between condominium associations and cities.
Last year's version of the bill, which was opposed by the Maryland Municipal League and died in committee, would have required cities to provide services such as road repairs and snow removal to private residential communities and condominium associations. If a city chose not to provide the services, residents were to receive a tax refund equal to the cost of the road maintenance.
Such agreements -- which residents of the Parr's Ridge Condominium Association sought with Westminster -- are illegal under current state law, Mr. Dixon said.
Since residents in most private communities pay association fees that are used to maintain the grounds, collect garbage and repair roads, they felt they were being taxed twice.
"In the past year, you've heard a lot about lowering taxes," said Mr. Dixon, a Democrat from Westminster. "Passing this bill would give you a mechanism to lower taxes."
Even if the bill passes, residents of Parr's Ridge are unlikely to get such a service agreement with Westminster in the near future.
W. Benjamin Brown supported the bill when he was mayor and even testified in favor of it last year, but the City Council was opposed to negotiating with the condominium association.
Now that Kenneth Yowan, a former council president, has been elected Westminster's mayor and Mr. Brown has been elected a county commissioner, the city's position on the bill has changed.
"I think it's opening a Pandora's box," Mr. Yowan said yesterday afternoon. "If you use such a bill to give benefits to Parr's Ridge, all the apartment owners in town would be in looking for similar breaks. Where would it end?"
Eventually, the city would be required to raise everyone else's taxes simply because the condominium residents did not understand the financial obligations when they bought their property, Mr. Yowan said.
"I'm sorry if some people had a misunderstanding," he said. "But when they bought into the property, it should have been made clear."
In addition, he said, the developers of Parr's Ridge were allowed to deviate from some city requirements, such as road standards, because they assured the council that the streets would be maintained privately.
"I don't see how this is going to change that," Mr. Yowan said. "It's still private property now."
Committee members also heard a related joint resolution, introduced by Del. George W. Owings III, that would request the governor to appoint a commission to study problems facing private community associations.
Mr. Owings, a Democrat who represents Anne Arundel and Calvert counties, said that in some cases police are not allowed to patrol the communities because the roads are private property.
In Calvert County, many such problems have arisen because the private communities are made up of summer homes that have been converted to year-round use, Mr. Owings said.
The residents need services, such as snow removal, that were unnecessary before, he said.
"The philosophical question we have not answered is, 'Are homeowners groups an extension of government?' " Mr. Owings said during yesterday's hearing.