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§ 11-124. Construction of title, declarations, bylaws, or other instruments

West's Annotated Code of MarylandReal Property

West's Annotated Code of Maryland
Real Property (Refs & Annos)
Title 11. Maryland Condominium Act (Refs & Annos)
MD Code, Real Property, § 11-124
§ 11-124. Construction of title, declarations, bylaws, or other instruments
Rule Against Perpetuities or Rule Restricting Unreasonable Restraints on Alienation
(a) Neither the rule of law known as the Rule Against Perpetuities nor the rule of law known as the Rule Restricting Unreasonable Restraints on Alienation may be applied to defeat or invalidate any provision of this title or of any declaration, bylaws, or other instrument made pursuant to the provisions of this title.
Liberal construction to facilitate creation and operation of condominium
(b) The provisions of any declaration, bylaws, and condominium plat filed pursuant to this title shall be liberally construed to facilitate the creation and operation of the condominium. So long as the declaration, bylaws, and condominium plat substantially conform with the requirements of this title, a variance from the requirements does not affect the condominium status of the property in question nor the title of any unit owner to his unit, his votes, and his percentage interests in the common elements and in common expenses and common profits.
Declarations, bylaws, and condominiums plats construed together
(c) The declaration, bylaws, and condominium plat shall be construed together and shall be deemed to incorporate one another to the extent that any requirement of this title as to the content of one shall be deemed satisfied if the deficiency can be cured by reference to any of the others. Any provision required by this title may be amended only in accordance with the requirements for amendment applicable to the instrument in which, absent this subsection, it is required to be contained.
Severability of provisions
(d) All provisions of the declaration, bylaws, and condominium plat are severable and the invalidity of one provision does not affect the validity of any other provision.
Conflicts among provisions
(e) If there is any conflict among the provisions of this title, the declaration, condominium plat, bylaws, or rules adopted pursuant to § 11-111 of this title, the provisions of each shall control in the succession listed hereinbefore commencing with “title”.
Priority of mortgages or deeds of trust
(f) The execution of any instrument by a mortgagee for the purpose of consenting to the legal operation and effect of a declaration, bylaws, and condominium plat does not, unless the contrary is expressly stated, affect the priority of the mortgage or deed of trust. The execution and recordation of a release of a unit in a condominium by a mortgagee which refers to the condominium constitutes consent by that mortgagee to the legal operation and effect of the recorded declaration, bylaws, and condominium plat of that condominium.

Credits

Added as Real Property § 11-122 by Acts 1974, c. 641, § 2, eff. July 1, 1974. Amended by Acts 1975, c. 786, § 1; Acts 1976, c. 348, § 1, eff. July 1, 1976. Renumbered as Real Property § 11-124 and amended by Acts 1981, c. 246, § 1, eff. July 1, 1981. Amended by Acts 1984, c. 584, § 2; Acts 1988, c. 6, § 1; Acts 1989, c. 5, § 1.
MD Code, Real Property, § 11-124, MD REAL PROP § 11-124
Current through all legislation from the 2017 Regular Session of the General Assembly
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