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§ 11-120. Expansion of condominiums

West's Annotated Code of MarylandReal PropertyEffective: October 1, 2008

West's Annotated Code of Maryland
Real Property (Refs & Annos)
Title 11. Maryland Condominium Act (Refs & Annos)
Effective: October 1, 2008
MD Code, Real Property, § 11-120
§ 11-120. Expansion of condominiums
Reservation of right to expand condominiums
(a) A developer may reserve the right to expand the condominium by subjecting additional sections of property to the condominium regime in a manner so that as each additional section of property is subjected to the condominium regime:
(1) The percentage interests in the common elements of the unit owners in preceding sections shall be reduced and appropriate percentage interests in the common elements of the added sections shall vest in them; and
(2) Appropriate percentage interests in the common elements of the preceding sections shall vest in unit owners in the added sections.
Conditions to right of expansion
(b) The reservation of the right to expand a condominium is subject to the conditions provided in this subsection.
(1) The declaration establishing the condominium shall describe each parcel of property which may be included in each section to be added to the condominium. This description may be made by reference to the condominium plat.
(2) The declaration establishing the condominium shall show:
(i) The maximum number of units which may be added; and
(ii) The percentage interests in the common elements, the percentage interests in the common expenses and common profits, and the number of votes appurtenant to each unit following the addition of each section of property to the condominium, if added. The percentage interests in the common elements and in common expenses and common profits, and the number of votes that each unit owner will have may be shown by reference to a formula or other appropriate method of determining them following each expansion of the condominium.
(3) The condominium plat for the original condominium shall include, in general terms, the outlines of the land, buildings, and common elements of each successive section that may be added to the condominium.
(4) In the declaration establishing the condominium a right shall be reserved in the developer for a period, not exceeding 10 years from the date of recording of the declaration, to add to the condominium any successive section described in the declaration and in the condominium plat.
Amendments to declaration recorded by developer
(c)(1) If there is compliance with the conditions of subsection (b) of this section, successive sections of property may be added to the condominium if the developer (i) records an amendment to the declaration, showing the new percentage interests of the unit owners, and the votes which each unit owner may cast in the condominium as expanded, and (ii) records an amendment to the condominium plat that includes the detail and information concerning the new section as required in the original condominium plat.
(2) On recordation of the amendment of the declaration and plat, each unit owner, by operation of law, has the percentage interests in the common elements, and in the common expenses and common profits, and shall have the number of votes, set forth in the amendment to the declaration. Following any expansion, the interest of any mortgagee shall attach, by operation of law, to the new percentage interests in the common elements appurtenant to the unit on which it is a lien.

Credits

Added as Real Property § 11-117 by Acts 1974, c. 641, § 2, eff. July 1, 1974. Renumbered as Real Property § 11-120 and amended by Acts 1981, c. 246, § 1, eff. July 1, 1981. Amended by Acts 1989, c. 5, § 1; Acts 1997, c. 14, § 1, eff. April 8, 1997; Acts 2000, c. 697, § 1, eff. Oct. 1, 2000.

Editors' Notes

HISTORICAL AND STATUTORY NOTES
2000 Legislation
Acts 2000, c. 697, § 1, redesignated subsec. (b)(4) as subsec. (b)(4)(i); in subsec. (b)(4)(i), added the reference to subsec. (b)(4)(ii); and added subsec. (b)(4)(ii), related to Calvert County.
Acts 2000, c. 697, § 2, provides:
“SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect October 1, 2000. It shall remain effective for a period of 5 years and, at the end of September 30, 2005, with no further action required by the General Assembly, this Act shall be abrogated and of no further force and effect.”
Acts 2000, c. 697, abrogated effective at the end of September 30, 2008, under the terms of § 2 of that Act, as amended by Acts 2004, c. 220, § 1.
2004 Legislation
Acts 2004, c. 220, § 1, amended Acts 2000, c. 697, § 2, to read:
“SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect October 1, 2000. It shall remain effective for a period of 8 years and, at the end of September 30, 2008, with no further action required by the General Assembly, this Act shall be abrogated and of no further force and effect.”
MD Code, Real Property, § 11-120, MD REAL PROP § 11-120
Current through all legislation from the 2017 Regular Session of the General Assembly
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