The 30-Second Take

At The Fritschle Barker Group, we field this question almost every week. Most buyers already have a gut feeling, but they want the data to confirm it. Here's the honest side-by-side, pulled from Bright MLS data across the last 2.7 years for both markets.

The short version: Ocean City offers a lot more options, and steadier income potential. Fenwick gives you scarcity, quiet, and a higher price of entry.

Geography: They Share a Border

Fenwick Island sits directly north of Ocean City on the same narrow barrier island. Stand at 146th Street in OC and you're seconds away from the Delaware state line. Step across it and the tone of the street changes immediately.

Most first time beach shoppers can glance over how close the two towns actually are. A Fenwick homeowner can be at Seacrets or Fagers in about 15 minutes. An OC owner can be at Catch 54 or Fenwick Island State Park just as fast. The decision isn't about access to the other town... It's about which feel you want walking out your front door every morning.

For more on each area, our full Ocean City area guide and Fenwick Island community page cover the street-by-street specifics.

By the Numbers: Two Different Markets

How active are these markets?

Over the last 2.7 years, Ocean City recorded 3,071 closed sales. Fenwick Island recorded 97. That's roughly a 31-to-1 ratio in transaction volume.

What that means for you as a buyer:

• In OC, if you want a 2-bedroom oceanfront condo between $400K and $600K, you'll typically have a decent amount of options to tour!
• In Fenwick, you may wait months for a property that fits your criteria to hit the market. When one does, it sells fast: median 23 days on market vs. 32 in Ocean City.

This is the single biggest practical difference for buyers. Fenwick rewards patience. Ocean City rewards decisiveness on the right property.

What does each dollar buy?

The condo gap is smaller than most people expect. The detached home gap is where the real price story lives.

Why the gap? Fenwick has very few condo buildings compared to OC's dense high-rise and mid-rise inventory, and single-family lots within town limits are genuinely scarce.

Lifestyle: The Real Decision

Price and inventory tell you what you can buy. Lifestyle tells you what you'll actually want to live with.

Ocean City, MD

Ocean City is, and always has been, a resort town. That's not a knock. It's the identity. You get:

• A 3-mile boardwalk with Thrasher's fries, Candy Kitchen, and Trimper Rides
• Hundreds of restaurants, from raw bars to fine dining
• Popular nightlife spots (Seacrets, Fager's Island, and more)
• Every water sport you can name: fishing, surfing, paddleboarding, parasailing
• Year-round events: Oceans Calling, White Marlin Open, Winterfest of Lights

If you love being part of things, OC delivers. For help narrowing down which stretch of town fits you, our guide to which part of the OC beach area is best breaks it down block by block. And if you're thinking about making it a primary residence, start with what it's actually like to live in OC.

Fenwick Island, DE

Fenwick is the opposite pace. It's a one-mile-long beach town with about 400 year-round residents. You get:

• Uncrowded beaches at Fenwick Island State Park
• A handful of excellent restaurants: Catch 54, One Coastal, Harpoon Hanna's
• Quiet residential streets with single family homes
• Easy access to Bethany, Rehoboth, and OCMD
• The historic Fenwick Island Lighthouse, bayside paddleboarding, and long beach-walk mornings

If "peace and quiet" is the top line item on your wish list, Fenwick will feel right. For the full local flavor, see our Fenwick Island things-to-do guide and top restaurants list. Our broader Delaware beaches overview puts Fenwick in context with Bethany, Dewey, and Rehoboth.

If You're Buying for Rental Income

This is where the two markets diverge sharply. It's worth being direct.

Ocean City is a rental-friendly market. Most condo buildings permit short-term weekly rentals, and the OC tourism calendar supports a deep rental season with growing shoulder-season demand. Gross rental income in the right building can cover a meaningful share of carrying costs.

Fenwick is more restrictive. The town is primarily residential in character, and most properties trade as owner-occupied homes or second homes rather than income-producing rentals. Delaware also introduced a 4.5% state tax on residential short-term stays. Stacked on Fenwick's local rental tax (reduced to 7.5% for 2026), that's roughly a 12% combined lodging tax on short-term rentals.

Our bottom line: if rental income is a primary reason you're buying, OC is almost certainly the better fit. If it's a nice-to-have on top of a lifestyle purchase, Fenwick can still work, just expect a narrower rental window and tighter margins. For more on the OC side, see our vacation rental buyer's guide.

Taxes and Closing Costs

Delaware has no state sales tax. That's a real quality-of-life advantage for anyone furnishing or renovating a property. Over a 10-year hold, the cumulative savings add up.

Maryland levies a 6% state sales tax plus a 6% OC local lodging tax on rentals. MD also collects a state real estate transfer tax that's typically split between buyer and seller.

Property taxes shifted in Fenwick in 2025. Sussex County completed a court-ordered reassessment: rates reset downward, but assessed values reset upward to market. Net impact varies by property. OC and Worcester County taxes are more predictable year over year.

Here's what we tell clients: Buy where you want to live. The tax differences are real, but they shouldn't override which area fits your day-to-day life.

Which Is Right for You? A Simple Decision Framework

Ocean City is likely the better fit if:

• You want activity, nightlife, and a wide restaurant selection
• You want the option to rent out your property & cover a meaningful portion of your carrying costs
• You're buying in the $400K to $800K range and want real options
• You care about transaction volume (easier to buy and, eventually, sell)
• You love the boardwalk, events, and resort energy

Fenwick Island is likely the better fit if:

• You want a quiet, residential-feeling area
• You're buying primarily as a second home or primary residence, not an income property
• You're comfortable at a $1M-plus entry point for detached homes
• You're willing to wait for the right property to come to market
• You prefer long, uncrowded beach days over resort energy

Plenty of buyers feel pulled in both directions. That's fine. Some of our clients have owned in both markets at different life stages, and we've handled both sides of those moves. If you're still weighing it, our 2026 Ocean City real estate trends piece adds market-level context on the OC side.

Our Honest Take

Here's the truth from nearly three decades of working both sides of the state line: these aren't competing markets. They're complementary. They serve different buyers, different budgets, and different life stages.

Ocean City wins on inventory, income potential, and sheer variety. Fenwick wins on scarcity, calm, and a certain kind of exclusivity you can't manufacture in a resort town. Neither is "better." Both are excellent. The real question is which lifestyle you want to wake up in.

Grant grew up in this market. Many members of our team are licensed and active in both Maryland and Delaware, which matters if you're comparing across the state line or eventually transitioning between the two. We know which Fenwick blocks flood in nor'easters, which OC buildings have the cleanest HOAs, and which neighborhoods fit which families. When you're ready to pressure-test your decision with real local data, reach out or meet the team.

What Clients Are Saying

Frequently Asked Questions

Quick Answer: Ocean City is a barrier island surrounded by water. As a result, all properties here carry some level of flood risk. If you're buying a condo, the building's master insurance policy typically includes flood coverage as part of your condo fees, but not always. If you're buying a property that isn't part of a declared condominium (typically single-family homes and occasionally townhomes), you'll need your own flood insurance policy. Always consult a licensed insurance professional to determine exactly what coverage you need.

Why Flood Insurance Matters When You're Buying on a Barrier Island

If you're shopping for real estate in Ocean City, MD, flood insurance is one of those topics that comes up in almost every transaction. It's certainly not the most exciting part of buying a beach property, but understanding how it works here can save you from a potentially expensive surprise down the road.

Ocean City sits on a barrier island surrounded by the Atlantic Ocean and the coastal bays. Every property in town carries some level of flood risk, whether it's an oceanfront high-rise, a bayside condo, or a single-family home near the bay. Flooding here can come from storm surge, heavy rainfall, or coastal bay overflow, and standard homeowner's insurance does not cover flood damage. That's a separate policy entirely.

Here's a stat worth remembering: according to FEMA, roughly 30% of all flood insurance claims nationwide come from moderate-to-low risk areas. Even if your lender doesn't require flood insurance based on the property's flood zone, that doesn't mean flooding can't happen.

What Condo Buyers Need to Know

If you're buying a condo in Ocean City, there's good news. Most condo associations carry a master insurance policy that covers the building's structure, including flood insurance. This cost is typically built into the condo fees you see listed on every property.

But here's the catch: "Most" condo buildings do, but not "every" building carries flood insurance in their master policy. This is one of the many reasons the condo document review period is so critical in any Ocean City condo purchase. And why it's critical you're working with a local expert, who can help make sure you know what to look for... and when.

The process looks like this. When you go under contract to purchase a condo, you'll receive a resale package from the Condo Association. This package, among other things, will include the association's insurance information. This is where we have a chance to double-check things. We review what types of coverage the association carries, whether there are gaps, and whether the coverage is adequate. We've seen examples of associations that carry some types of insurance but not "everything." That's exactly the kind of information a buyer needs to know before moving forward.

In addition to understanding what the Association's insurance does cover, we also want you to understand what it does not cover. Typically the Master Insurance policies cover the replacement value to "how the property was built." In other words, let's imagine your condo was built in 1985 with carpeted floors, formica countertops, and builder grade appliances. That's what your Master Policy will cover. So, if your condo has nice new LVP flooring, Quartz countertops, tiled backsplashes, and expensive new appliances, what happens to the difference? That's where an HO-6 policy comes in. An HO-6 policy is often called a "Content and Liabilities Policy," and it's the owner's responsibility to have this coverage in place. In the event of a disaster, this policy covers the "content" inside your condo, along with any upgrades that have been made. And the good news... it's relatively affordable. Your insurance agent can help you determine the right amount of coverage based on your unit and situation.

For more on what to look for during the condo document review process, check out our guides on understanding HOAs in Ocean City and how to choose the right condo building.

Single-Family Homes and Townhomes

If you're purchasing a single-family home (or a townhome that isn't part of a condo association), you'll need to obtain your own flood insurance policy. Your lender will typically require flood insurance if the property is located in a high-risk flood zone (Zone AE or similar), but even properties outside of those zones can flood, and should go ahead and secure a policy anyway.

This applies to buyers looking in West Ocean City as well. Many people assume that being on the mainland puts them outside of the flood zone, but that's not always the case. There are a number of West Ocean City properties in Zone AE, particularly those off of Keiser Point Road and other areas near the bay and waterways.

If you're exploring the broader area, our West Ocean City real estate guide covers the neighborhoods and property types available on the mainland side.

How to Check a Property's Flood Zone

FEMA maintains an online tool where you can look up any address and see exactly which flood zone it falls into. You can access it at https://msc.fema.gov/portal/home. Just plug in the property address and the map will show you the current flood zone designation.

Here's what the main zones mean for Ocean City buyers:

• Zone AE: High-risk area. Flood insurance is required for any federally backed mortgage. These properties are within the Special Flood Hazard Area (SFHA).
• Zone VE: High-risk coastal area with additional wave action hazard. Also requires flood insurance for mortgaged properties.
• Zone X: Moderate-to-low risk. Your lender likely won't require flood insurance, but coverage is still recommended. When Ocean City's flood maps were updated in 2015, roughly 4,838 structures moved into Zone X.

We always recommend that buyers consult with a licensed insurance agent regardless of the flood zone. Insurance professionals can assess your specific property and advise you on the right level of coverage. We work with several top-notch insurance agents who specialize in coastal properties, and we're happy to provide referrals. Just reach out to our team and we'll connect you.

For more on what to expect during the buying process, take a look at our buyer FAQ guide and our breakdown of 5 things to know before buying an Ocean City condo.

Ocean City's Built-In Discount

One thing many buyers don't realize is that Ocean City participates in FEMA's Community Rating System (CRS). The Town currently holds a Class 6 rating, which means NFIP policyholders in Ocean City receive a 20% discount on their flood insurance premiums. This discount is applied automatically through the program and reflects the Town's higher-than-required standards for floodplain management.

It's also worth noting that flood insurance premiums across coastal markets have been trending upward in recent years, largely driven by the impact of major hurricanes in other parts of the country. This is something to factor into your overall budget when evaluating a property. For a broader look at what to budget for, our guide on how to buy a beach house that makes financial sense walks through the full picture.

For more details about flood zones, flood maps, and floodplain management in Ocean City, the Town of Ocean City's Flood Hazard Information page is an excellent resource. You can also learn more about the National Flood Insurance Program at FloodSmart.gov.

What We Tell Every Buyer

Grant always shares this sentiment with his clients. "Flood insurance isn't something most of our buyers think much about, until they need it. We've been lucky in Ocean City, avoiding many of the big storms that have damaged Florida and other East Coast cities. But that doesn't mean it can't happen, or won't happen here. Being well informed and prepared simply is the best way to approach owning any property at the beach."

If you're buying in Ocean City or the surrounding areas and want to make sure you have the right team in your corner, contact us or call Grant directly at 410-430-5880. We'll help you navigate everything from the contract to the condo docs to connecting you with the right insurance professionals.

FAQs: Flood Insurance in Ocean City, MD

1. Buying in a Location That Does Not Match Your Lifestyle

This is the single biggest mistake we see, and it is the hardest to fix after the fact.

Ocean City is a 10-mile barrier island with distinct neighborhoods, and each one has its own personality:

• Downtown: Boardwalk energy, noise, foot traffic, classic OC feel
• Midtown: A balance of convenience and calm, close to restaurants without the peak-season chaos
• North Ocean City / High-Rise Row: Oceanfront towers with resort-style amenities and serious density during summer
• West Ocean City / Bayside: A completely different pace, ideal for buyers who prioritize space and quiet

We recently worked with a couple who had purchased a condo on high-rise row in north Ocean City about three years ago. On paper, the unit checked every box: right bedroom count, right price, solid rental history.

But after a few seasons of ownership, they realized the building did not match how they actually used the property. They wanted quiet weekends, morning coffee on the balcony, and easy beach access without fighting for elevator time during peak season. They also wanted to be closer to Route 90 when they came into town to make the drive just a little bit easier. That building had 200+ units, a pool they never found themselves in, and a fitness center they never used. We helped them find a midtown unit in a smaller building that better matched their pace and made their entry/exit to and from OC just a tad bit easier. They have been thrilled with it ever since.

Before you look at a single listing, answer these questions:

• Are you coming down every weekend or a few times a year?
• Do you want to be close to certain restaurants and nightlife, or do you want to hear waves and nothing else?
• Do you need to be close to Route 50 or Route 90 for an easier drive in and out?
• Will you be renting the property when you are not using it?

Those answers should narrow your search before anything else. For a deeper look at the different areas, read our guide on which part of the Ocean City beach area is best for you.

2. Overestimating Rental Income Based on Inflated Projections

This is the mistake that costs first-time buyers the most money over time.

Here is what happens: a buyer finds a property they love, and someone (an online calculator, a listing description, etc.) tells them the unit will generate $40,000 or $50,000 a year in rental income. That number makes the mortgage math work. So they buy. Then reality sets in:

• Peak season is roughly 10 - 12 weeks
• Shoulder season bookings are inconsistent (except for the main events i.e. Oceans and Country Calling)
• Management fees, cleaning costs, and wear and tear are a part of the equation
• There are weeks the property sits empty if rent is too high

Grant tells almost every buyer the same thing: "We always tell buyers to lead with lifestyle, not spreadsheets. If you love Ocean City and want your ownership to make financial sense, we can absolutely help you get there. The buyers who run into trouble are the ones chasing a return that was never realistic."

When you set realistic expectations upfront and build your budget around conservative numbers, you end up with a property you love that also happens to generate income. We break this down in detail in our guide on how to buy a beach house that actually makes financial sense. If you are planning to rent, we also recommend reading about the vacation rental management company we trust with our clients' properties.

3. Ignoring the Condo Association's Financial Health

When you buy a condo in Ocean City, you are buying into a community that shares walls, roofs, elevators, pools, and a collective budget. The financial health of that association will directly affect your ownership experience and your wallet.

The mistake: a buyer finds a unit with a low monthly condo fee and assumes that is a good thing. Sometimes it is. But sometimes a low fee means the association has been underfunding reserves for years and setting the stage for a special assessment that could cost every owner thousands.

Here is what to review during the resale package review period:

• Reserve study and funding level
• Current budget and fee history
• Insurance coverage (wind, flood, liability)
• Any planned or pending capital projects
• History of special assessments

Not all associations with low fees are bad, and not all associations with high fees are good. It comes down to how well they have planned. Maryland's HB107 legislation now requires reserve studies, but those only help if you actually read them.

For more on evaluating a building, read our guide on how to choose the right condo building in Ocean City and our breakdown of what condo fees cover and why they vary.

4. Using an Out-of-Area Lender Who Does Not Understand Resort Condo Financing

You can have excellent credit, a strong down payment, and a lender you have worked with for years back home, and your deal can still fall apart. Here is why:

• Vacation home purchases require conventional financing. FHA, VA, and USDA loans usually don't apply.
• The condo building itself must meet Fannie Mae and Freddie Mac guidelines. The lender has to get the project warranted.
• That means reviewing the association's financials, insurance, owner-occupancy ratios, and litigation status.
• A lender who spends most of their time financing single-family homes in a suburban market may not know how to navigate this.

We have seen deals fall apart the week of closing because the lender could not get the building warranted. Work with a local lender who finances Ocean City condos regularly. They know which buildings have known issues, which associations meet lending guidelines, and how to avoid surprises. If you need a recommendation, reach out to our team.

For a full walkthrough of the buying process, start with our buyer FAQ guide.

5. Not Working with a Local Agent Who Has Building-Level Knowledge

This is the mistake that makes every other mistake on this list more likely.

Ocean City has over 1,000 condo buildings. Each one has its own association, fee structure, rental rules, reserve fund status, and personality. A local agent knows:

• Which buildings have a history of special assessments
• Which associations are well-run and which are struggling to fund reserves
• Which buildings allow short-term vacation rentals and which restrict them
• Which areas best fit your lifestyle

Grant Fritschle grew up in Ocean City. His father, Mark Fritschle, built one of the most respected real estate careers on the Eastern Shore before him. Grant and Jon Barker co-founded The Fritschle Barker Group after the successful new construction sell-out of all 196 residences at The Gateway Grand, now Ocean City's most luxurious oceanfront condominium.

If you are serious about buying your first property in Ocean City, start a conversation with our team. Read more about why working with a local Realtor matters and the people behind our team's results.

FAQs: First-Time Beach Buyers in Ocean City, MD

What Is Maryland HB107 and Why Was It Passed?

Maryland House Bill 107 is a state law that requires condominium associations, housing cooperatives, and homeowners associations to complete a professional reserve study and fund their reserves based on that study's recommendations. The law applies statewide and was signed into law in 2022.

Why did Maryland pass this law? HB107 was a direct response to the Champlain Towers South condominium collapse in Surfside, Florida in June 2021. That tragedy exposed a reality that many in the condo industry already knew: too many associations were operating with dangerously underfunded reserves. Deferred maintenance and a lack of financial planning contributed to a situation where critical structural repairs were postponed for years.

Maryland lawmakers recognized that the same risks existed here, particularly in coastal markets like Ocean City, where aging condo buildings face constant exposure to salt air, wind, and moisture. The result was HB107, which expanded reserve study requirements that previously only applied to Montgomery County and Prince George's County to every community association in the state.

What Is a Reserve Study?

A reserve study is a financial planning tool that evaluates the major common-area components of a condo building and estimates when they'll need to be repaired or replaced and how much those repairs will cost. It essentially answers the question: does this association have enough money set aside to handle the big expenses coming down the road?

The study looks at items like roofs, elevators, pools, exterior walls, stairwells, balconies, parking lots, and other shared infrastructure. These are not small expenses. Refacing the exterior of a high-rise building, replacing a roof, or overhauling an elevator system can cost a ton of money depending on the size of your building.

Watch Grant Fritschle break down HB107 and what it means for Ocean City condo buyers and owners.

Under HB107, every condo association must have their reserve study completed by a qualified professional and update it every five years. The study must include an itemized list of components, their estimated remaining useful life, and the projected cost of repair or replacement. Associations then have three fiscal years to reach the annual funding level recommended by the study.

For a deeper look at how condo fees are structured in Ocean City, check out our comprehensive guide to Ocean City MD condo fees.

How HB107 Is Affecting Condo Fees in Ocean City MD

If you've been watching condo fees in Ocean City rise over the past few years, HB107 is one of the major reasons why. Along with rising insurance costs, reserve study requirements have forced many associations to take a harder look at their finances, and some cases, what they found wasn't pretty.

Here's the reality: some Ocean City condo buildings took pride in having extremely low fees. On the surface, that sounded great. But in many cases, those low fees meant the association wasn't setting aside enough money for the major maintenance items that every building eventually needs. When the reserve study revealed the gap between what was in the bank and what was going to be needed, the only options were to raise fees, issue a special assessment, or both.

"We've seen firsthand how HB107 has changed the conversation in Ocean City. Buildings that planned ahead are in great shape. Buildings that kept fees artificially low by ignoring reserves are now playing catch-up, and their owners are feeling it."

- Grant Fritschle, The Fritschle Barker Group

That said, not every building was caught off guard. Associations like the Gateway Grand and Thunder Island are examples of buildings that have been impeccably managed, with proactive boards that were already conducting reserve studies and planning ahead long before HB107 required it. For buyers, the difference between a well-managed association and one that deferred its planning is often the difference between stable, predictable fees and a surprise special assessment.

Explore Ocean City's High-Rise Row condos for sale to browse some of the most well-known buildings on the oceanfront.

The 2025 Amendments: What Changed

In May 2025, Governor Wes Moore signed SB 63/HB 292 into law, effective October 1, 2025. These amendments clarified and refined several aspects of the original HB107 that had caused confusion among associations and property managers.

Here are the key changes:

• Reserve studies must be prepared by a qualified professional. The 2025 amendments formalized what "qualified" means, adding specificity around who can conduct the study.
• Associations must develop a formal funding plan in consultation with the reserve study preparer, using prescribed accounting methods.
• A financial hardship provision was added. Associations can now temporarily deviate from full reserve funding requirements with a two-thirds majority vote, provided they make good faith efforts to resolve the shortfall and maintain documentation.
• Reserves can be used for purposes outside the original funding plan if the funds are repaid to the reserve account within five years.
• The reserve funding plan must be reviewed at each annual meeting, preventing boards from keeping the study or plan hidden from unit owners.

These amendments strike a balance. They hold associations accountable while acknowledging that getting to full funding overnight isn't always realistic, especially for older buildings with decades of deferred maintenance.

For more on how condo associations work in Ocean City, read our guide on understanding HOAs in Ocean City MD.

What Buyers Should Know Before Writing an Offer

This is where HB107 goes from a legal topic to a practical one. If you're buying a condo in Ocean City, reviewing the reserve study is now one of the most important pieces of your due diligence.

Before you write an offer: If the association's reserve study is available, your agent should be reviewing it with you before you submit your offer. The study will tell you whether the building is in strong financial shape or whether significant fee increases or special assessments could be on the horizon. Not every association will share the study before an offer is written, but if it's available, take the time to review it.

After your offer is accepted: Assuming the association has completed their reserve study, it will usually come as part of the resale package during your 7-day condo document review period. This is your window to review all association financials, rules, regulations, bylaws, budgets, proof of insurance, and the reserve study. If you don't understand what you're looking at, ask questions. That's exactly what your agent and your attorney are there for.

Here's what to look for in a reserve study:

• Current reserve balance vs. recommended balance at that date. A large gap is a red flag.
• Upcoming major expenses. Are there big-ticket items (roof replacement, elevator modernization, exterior refacing) due in the next 5 to 10 years?
• Funding plan trajectory. Is the association on track to meet its funding goals, or are they falling behind?
• History of special assessments. Has the building had to levy special assessments in the past? Frequent special assessments often signal poor financial planning.

Buildings that are professionally managed tend to have a higher likelihood of having completed their reserve studies and maintaining organized, transparent financials. That's one of many reasons why the quality of a building's management matters when you're making a purchase decision.

Have more questions about the buying process? Check out our top FAQs for buying a beach condo in Ocean City, our guide on 5 things to know before you buy an Ocean City MD condo, or learn how to buy a beach house that actually makes financial sense.

What Current Owners Should Know

If you already own a condo in Ocean City, HB107 affects you too.

If your association has not yet completed a reserve study, it is strongly recommended. We understand that the prospect of higher fees can be difficult, but a far more difficult scenario is a large special assessment that comes due immediately when a major maintenance item can't be delayed any longer. A reserve study provides the roadmap to avoid that outcome.

For owners who sit on their association's board, the 2025 amendments now require that the reserve funding plan be reviewed at each annual meeting. This is a positive change. Transparency around the association's financial health benefits every owner in the building.

If your condo fees have gone up recently because of reserve study requirements, try to view it through this lens: those dollars are going into a fund that protects your investment. The alternative, a building that defers maintenance and eventually faces a massive repair bill with no reserves to cover it, can be far more costly in the long run, both financially and in terms of your property's value and marketability.

Wondering what your Ocean City condo is worth today? Use our local Realtor's valuation guide. Thinking about selling? Read our guide on the top mistakes sellers make in Ocean City MD and our seller FAQ page.

What About Enforcement?

This is a question we hear often. Currently, HB107 does not outline specific penalties for associations that have not completed their reserve study, and there is no designated institution monitoring compliance. However, enforcement may evolve. As of late 2023, Maryland's Attorney General consumer protection division indicated it could take enforcement action against non-compliant associations, and some legal experts have noted that civil penalties are possible.

There's also a practical enforcement mechanism that many people overlook. Associations that neglect their opportunity to conduct a reserve study may face significant special assessments down the road when critical maintenance items come due without adequate reserves to cover them. In that sense, the law enforces itself through consequences.

It's also worth noting that as buyers become more educated about reserve studies (which is already happening), buildings without a completed study may become harder to sell. Savvy buyers and their agents are asking for this information upfront, and a missing or incomplete reserve study is increasingly viewed as a red flag.

For more on how market dynamics affect buying and selling decisions in Ocean City, read should you buy in Ocean City MD in 2026.

FAQs: Maryland HB107 and Reserve Studies in Ocean City MD