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§ 11-108. Rights of unit owners in common elements

West's Annotated Code of MarylandReal PropertyEffective: October 1, 2017

West's Annotated Code of Maryland
Real Property (Refs & Annos)
Title 11. Maryland Condominium Act (Refs & Annos)
Effective: October 1, 2017
MD Code, Real Property, § 11-108
§ 11-108. Rights of unit owners in common elements
In general
(a) Subject to the provisions of subsection (c) of this section, the common elements may be used only for the purposes for which they were intended and, except as provided in the declaration, the common elements shall be subject to mutual rights of support, access, use, and enjoyment by all unit owners. However, subject to the provisions of subsection (b) of this section, any portion of the common elements designated as limited common elements shall be used only by the unit owner of the unit to which their use is limited in the declaration or condominium plat.
Grant of exclusive use or joint use in common of limited common elements
(b) Any unit owner or any group of unit owners of units to which the use of any limited common element is exclusively restricted may grant by deed the exclusive use, or the joint use in common with one or more of the grantors, of the limited common elements to any one or more unit owners. A copy of the deed shall be furnished to the council of unit owners.
(c)(1) This subsection does not apply to any meetings of unit owners occurring at any time before the unit owners elect officers or a board of directors in accordance with § 11-109(c)(16) of this title.
(2) Subject to reasonable rules adopted by the governing body under § 11-111 of this title, unit owners may meet for the purpose of considering and discussing the operation of and matters relating to the operation of the condominium in any common elements or in any building or facility in the common elements that the governing body of the condominium uses for scheduled meetings.
Notice issued by governing body of a condominium before sale of any common element
(d)(1) Notwithstanding any bylaw, provision of a condominium plat, rule, or other provision of law, the governing body of a condominium or, if control of the governing body has not yet transitioned to the unit owners, the developer shall give notice in accordance with paragraph (2) of this subsection no less than 30 days before the sale, including a tax sale, of any common element located on property that has been transferred to the condominium.
(2) The notice requirement under paragraph (1) of this subsection shall be satisfied by:
(i) Providing written notice about the sale to each unit owner; or
(ii) 1. Posting a sign about the sale on the property to be sold, in a manner similar to signage required for a zoning modification; and
2. If the condominium has a website, providing notice about the sale on the home page of the Web site of the condominium.


Added by Acts 1974, c. 641, § 2, eff. July 1, 1974. Amended by Acts 1975, c. 786, § 1; Acts 1976, c. 348, § 1; Acts 1977, c. 532; Acts 1981, c. 246, § 1, eff. July 1, 1981; Acts 1982, c. 836, § 3; Acts 1989, c. 5, § 1; Acts 1998, c. 440, § 1, eff. Oct. 1, 1998; Acts 1998, c. 564, § 1, eff. Oct. 1, 1998; Acts 2017, c. 481, § 1, eff. Oct. 1, 2017.
Formerly Art. 21, § 11-107.
MD Code, Real Property, § 11-108, MD REAL PROP § 11-108
Current through legislation effective through June 1, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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