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§ 11B-104. Construction and application of building codes or zoning laws

West's Annotated Code of MarylandReal PropertyEffective: October 1, 2020

West's Annotated Code of Maryland
Real Property (Refs & Annos)
Title 11b. Maryland Homeowners Association Act (Refs & Annos)
Effective: October 1, 2020
MD Code, Real Property, § 11B-104
§ 11B-104. Construction and application of building codes or zoning laws
In general
(a) The provisions of all laws, ordinances, and regulations concerning building codes or zoning shall have full force and effect to the extent that they apply to a development and shall be construed and applied with reference to the overall nature and use of the property without regard to whether the property is part of a development.
Restrictions on laws, ordinances, and regulations
(b) A local government may not enact any law, ordinance, or regulation which would:
(1) Impose a burden or restriction on property which is part of a development because it is part of a development;
(2) Require that additional disclosures relating to the development be made to purchasers of lots within the development, other than the disclosures required by § 11B-105, § 11B-106, or § 11B-107 of this title;
(3) Provide that the disclosures required by § 11B-105, § 11B-106, or § 11B-107 of this title be registered or otherwise subject to the approval of any governmental agency;
(4) Provide that additional cancellation rights be provided to purchasers, other than the cancellation rights under § 11B-108(b) and (c) of this title;
(5) Create additional implied warranties or require additional express warranties on improvements to common areas other than those warranties described in § 11B-110 of this title; or
(6) Expand the open meeting requirements of § 11B-111 of this title or open record requirements of § 11B-112 of this title.
Code home rule counties
(c)(1) In this subsection, “governing document” has the meaning stated in § 11B-116(a) of this subtitle.
(2) Subject to the provisions of this title, a code home rule county located in the Southern Maryland class, as identified in § 9-302 of the Local Government Article, may establish a homeowners association commission with the authority to hear and resolve disputes between a homeowners association and a homeowner regarding the enforcement of the governing documents of the homeowners association by providing alternative dispute resolution services, including binding arbitration.


Added by Acts 1987, c. 321, § 1, eff. July 1, 1987. Amended by Acts 1988, c. 82, § 1, eff. April 12, 1988; Acts 1989, c. 5, § 1, eff. March 9, 1989; Acts 2003, c. 44, § 1, eff. Oct. 1, 2003; Acts 2013, c. 136, § 1, eff. Oct. 1, 2013; Acts 2020, c. 218, § 1, eff. Oct. 1, 2020; Acts 2020, c. 219, § 1, eff. Oct. 1, 2020.
MD Code, Real Property, § 11B-104, MD REAL PROP § 11B-104
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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