Section 12-205 - Articles of organization - In general. - Maryland Statutes

§ 12-205. Articles of organization - In general.
 

(a)  Inconsistency with this title prohibited.- Articles of organization, if they are not inconsistent with this title, may be adopted for an authority governed by another title in this Division II. 

(b)  Contents - Required terms.-  

(1) Articles of organization shall state: 

(i) the name of the authority, which may be "housing authority of (here insert name of political subdivision)" or some other name that includes the name of the political subdivision; 

(ii) that a need exists for the authority to function in the political subdivision; 

(iii) whether appointments of commissioners of the authority by the chief elected official require the prior approval of the legislative body; 

(iv) whether the board of commissioners of the authority will consist of five, seven, or nine commissioners; 

(v) whether commissioners of the authority will have 3- or 5-year terms; 

(vi) whether the authority may exercise any power set forth in § 12-503 of this title, and, if so, any limitations on those powers; and 

(vii) any limitation on or elimination of any power granted to the authority under any title of this Division II. 

(2) The powers of the authority: 

(i) shall be sufficient for it to comply with each existing agreement between it and a State or federal governmental unit and with federal law; and 

(ii) may not be limited in a way that is inconsistent with such an agreement or with federal law. 

(3) The articles of organization of an authority shall designate an official of the political subdivision to be the custodian of records of the political subdivision for the purposes of this Division II. 

(c)  Same - Optional terms.-  

(1) Subject to paragraph (2) of this subsection, the articles of organization may contain specific terms governing the operation of the authority and its housing projects, including financial reporting, budgetary, and personnel requirements. 

(2) The specific terms may not add powers to the authority other than those allowed under subsection (b)(1)(vi) of this section and may not be inconsistent with: 

(i) any existing agreement between the authority and any State or federal governmental unit; 

(ii) federal law; or 

(iii) this Division II or other State law. 

(d)  Same - Prohibited terms.- Articles of organization may not require the authority directly or indirectly to pay any of its reserves or other money to the political subdivision. 

(e)  Custodian to file copy of recommendation and of resolution or ordinance.- The custodian of records shall file with the Secretary of State a certified copy of the written recommendation of the chief elected official and the resolution or ordinance adopting the articles of organization. 

(f)  Issuance of certificate of approval.-  

(1) If the Secretary of State finds that the requirements of § 12-203 of this subtitle have been met, the Secretary of State shall endorse the articles of organization "approved" and issue to the authority a certificate of approval attached to them and a certificate of organization. 

(2) On issuance of the certificate of approval, the articles of organization as filed are considered to have been adopted. 

(g)  Secretary of State to keep records.- The Secretary of State: 

(1) shall record and maintain all endorsed articles of organization and amendments in records kept for that purpose; and 

(2) on request, shall issue certified copies of the endorsed articles of organization and amendments. 

(h)  Effect of certificate of organization.-  

(1) In a proceeding involving or relating to a contract of an authority, the authority is considered to be authorized to do business and exercise its powers if the Secretary of State has issued a certificate of organization. 

(2) A copy of the certificate of organization is admissible in evidence. 
 

[An. Code 1957, art. 44A, §§ 1-201(d), 1-203(b)-(f), 1-204(a), 1-205; 2006, ch. 63, § 2.]