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§ 11-103. Condominium declarations

West's Annotated Code of MarylandReal PropertyEffective: October 1, 2010

West's Annotated Code of Maryland
Real Property (Refs & Annos)
Title 11. Maryland Condominium Act (Refs & Annos)
Effective: October 1, 2010
MD Code, Real Property, § 11-103
§ 11-103. Condominium declarations
Contents of declaration
(a) The declaration shall express at least the following particulars:
(1) The name by which the condominium is to be identified, which name shall include the word “condominium” or be followed by the phrase “a condominium”.
(2) A description of the condominium sufficient to identify it with reasonable certainty together with a statement of the owner's intent to subject the property to the condominium regime established under this title.
(3) A general description of each unit, including its perimeters, location, and any other data sufficient to identify it with reasonable certainty. As to condominiums created on or after July 1, 1981, except as provided by the declaration or the plat and subject to paragraph (4)(ii) of this subsection:
(i) If walls, floors, or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting any part of the finished surfaces thereof are a part of the unit, and all other portions of the walls, floors, or ceilings are a part of the common elements.
(ii) If any chute, flue, duct, wire, conduit, or any other fixture lies partially within and partially outside the designated boundaries of a unit, any portion thereof serving only that unit is a part of that unit, and any portion thereof serving more than one unit or any portion of the common elements is a part of the common elements.
(iii) Subject to the provisions of subparagraph (ii) of this paragraph, all spaces, interior partitions, and other fixtures and improvements within the boundaries of a unit are a part of the unit.
(iv) Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, and all exterior doors and windows or other fixtures designed to serve a single unit, but located outside the unit's boundaries, are limited common elements allocated exclusively to that unit.
(4)(i) A general description of the common elements together with a designation of those portions of the common elements that are limited common elements and the unit to which the use of each is restricted initially.
(ii) 1. A. This subparagraph applies to any condominium for which a declaration, bylaws, and plat are recorded in the land records of the county where the property is located on or after October 1, 2010.
B. This subparagraph does not apply to a condominium that is occupied and used solely for nonresidential purposes.
2. The description of the common elements shall include the following improvements to the extent that the improvements are shared by or serve more than one unit or serve any portion of the common elements:
A. Roofs;
B. Foundations;
C. External and supporting walls;
D. Mechanical, electrical, and plumbing systems; and
E. Other structural elements.
3. With the exception of corrective amendments necessary to comply with subsubparagraph 2 of this subparagraph, the description and designation of the common elements required under subsubparagraph 2 of this subparagraph may not be amended until after the date on which the unit owners, other than the developer and its affiliates, first elect a controlling majority of the members of the board of directors for the council of unit owners.
(5) The percentage interests appurtenant to each unit as provided in § 11-107 of this title.
(6) The number of votes at meetings of the council of unit owners appurtenant to each unit.
Information incorporated in declaration by reference to condominium plat
(b) The information required by subsection (a)(2) through (4) of this section may be incorporated in the declaration by reference to the condominium plat.
Amendments to declaration
(c)(1) Except for a corrective amendment under § 11-103.1 of this title or as provided in paragraph (2) of this subsection, the declaration may be amended only with the written consent of 80 percent of the unit owners listed on the current roster. Amendments under this section are subject to the following limitations:
(i) Except to the extent expressly permitted or expressly required by other provisions of this title, an amendment to the declaration may not change the boundaries of any unit, the undivided percentage interest in the common elements of any unit, the liability for common expenses or rights to common profits of any unit, or the number of votes in the council of unit owners of any unit without the written consent of every unit owner and mortgagee.
(ii) An amendment to the declaration may not modify in any way rights expressly reserved for the benefit of the developer or provisions required by any governmental authority or for the benefit of any public utility.
(iii) Except to the extent expressly permitted by the declaration, an amendment to the declaration may not change residential units to nonresidential units or change nonresidential units to residential units without the written consent of every unit owner and mortgagee.
(iv) Except as otherwise expressly permitted by this title and by the declaration, an amendment to the declaration may not redesignate general common elements as limited common elements without the written consent of every unit owner and mortgagee.
(v) No provision of this title shall be construed in derogation of any requirement in the declaration or bylaws that all or a specified number of the mortgagees of the condominium units approve specified actions contemplated by the council of unit owners.
(2)(i) The council of unit owners may petition the circuit court in equity for the county in which the condominium is located to correct:
1. An improper description of the units or common elements; or
2. An improper assignment of the percentage interests in the common elements, common expenses, and common profits.
(ii) The petition may be brought only if:
1. The unit owners, at a special meeting called for that purpose, vote to petition the court to correct a specific error by a vote of at least 66 2/3 percent of the unit owners present and voting at a properly convened meeting;
2. The council of unit owners gives notice of the special meeting to each mortgagee of record for the condominium; and
3. An opportunity is provided for the mortgagees to speak at the special meeting upon written request to the council of unit owners.
(iii) The court may reform the declaration to correct the error or omission as the court considers appropriate, if:
1. The council of unit owners gives notice of the filing of the petition to each mortgagee and unit owner within 15 days of filing;
2. The council of unit owners files an affidavit with the court stating that the conditions of subparagraph (ii) of this paragraph have been met;
3. The council of unit owners proves, by a preponderance of the evidence, that there is an error or omission as provided in subparagraph (i) of this paragraph;
4. Any mortgagee with an interest in the condominium is permitted to intervene in the proceedings upon filing a motion to intervene as provided in the Maryland Rules;
5. The reformation does not substantially impair the property rights of any unit owner or mortgagee; and
6. The court issues an order of reformation.
(iv) A final order of reformation may be appealed by any party within 30 days of its issuance. An order of reformation may not be recorded until the appeal period has lapsed or all appeals have been completed.
(3) An amendment or order of reformation becomes effective on recordation in the same manner as the declaration. If the condominium is registered with the Secretary of State, the council of unit owners shall file a copy of the order of reformation with the Secretary of State within 15 days of recordation.

Credits

Added by Acts 1974, c. 641, § 2, eff. July 1, 1974. Amended by Acts 1975, c. 786, § 1; Acts 1981, c. 246; Acts 1982, c. 836, § 3; Acts 1983, c. 525; Acts 1984, c. 580; Acts 1989, c. 5, § 1; Acts 1995, c. 576, § 1, eff. Oct. 1, 1995; Acts 1997, c. 14, § 1, eff. April 8, 1997; Acts 2010, c. 584, § 1, eff. Oct. 1, 2010.
Formerly Art. 21, § 11-109.

Editors' Notes

HISTORICAL AND STATUTORY NOTES
2010 Legislation
Acts 2010, c. 584, § 2, provides:
“SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to apply only prospectively and may not be applied or interpreted to have any effect on or application to any condominium or homeowners association for which a declaration, bylaws, and plat have been recorded in the land records of the county where the property is located before the effective date of this Act.”
MD Code, Real Property, § 11-103, MD REAL PROP § 11-103
Current through all legislation from the 2017 Regular Session of the General Assembly
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