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§ 11B-113.3. Recorded covenants and restrictions relating to race, religious belief, or nationa...

West's Annotated Code of MarylandReal Property

West's Annotated Code of Maryland
Real Property (Refs & Annos)
Title 11b. Maryland Homeowners Association Act (Refs & Annos)
MD Code, Real Property, § 11B-113.3
§ 11B-113.3. Recorded covenants and restrictions relating to race, religious belief, or national origin
Application of section
(a) This section applies to any recorded covenant or restriction that restricts ownership based on race, religious belief, or national origin, including a covenant or restriction that is part of a uniform general scheme or plan of development.
Agreement of owners to delete recorded covenant or restriction
(b) Except as provided in subsection (c) of this section, a homeowners association may delete a recorded covenant or restriction that restricts ownership based on race, religious belief, or national origin from the deeds or other declarations of property in the development if at least 85% of the lot owners in the development agree to the deletion of the recorded covenant or restriction from the deeds or other declarations.
Methods of amendment or deletion expressed in deeds
(c) If the deeds or other declarations of property in the development expressly provide for a method of amendment or deletion of a recorded covenant or restriction, a recorded covenant or restriction that restricts ownership based on race, religious belief, or national origin may be deleted as provided for in the deeds or declarations or in accordance with subsection (b) of this section.
Record of deletion with clerk of court
(d) After the lot owners in the development agree to the deletion of a recorded covenant or restriction that restricts ownership based on race, religious belief, or national origin as provided in subsection (a) of this section, the governing body of the homeowners association shall record with the clerk of the court in the jurisdiction where the development is located an amendment to the deeds or other declarations that include the recorded covenant or restriction, executed by at least 85% of the lot owners in the development, that provides for the deletion of the recorded covenant or restriction from the deeds or declarations of the property in the development.

Credits

Added by Acts 2004, c. 478, § 1, eff. Oct. 1, 2004.

Editors' Notes

HISTORICAL AND STATUTORY NOTES
2004 Legislation
Acts 2004, c. 286; Acts 2004, c. 478; Acts 2004, c. 507 each added new 11B-113.1. The section added by Acts 2004, c. 286, relating to notice and delivery by electronic transmission, has been designated as Real Property § 11B-113.1. The section added by Acts 2004, c. 478, relating to recorded covenants and restrictions that restrict ownership based on race, religious belief, or national origin, has been designated as Real Property § 11B-113.3. The section added by Acts 2004, c. 507, relating to annual charges, has been designated as Real Property § 11B-113.4.
MD Code, Real Property, § 11B-113.3, MD REAL PROP § 11B-113.3
Current through all legislation from the 2017 Regular Session of the General Assembly
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