§ 11-103. Condominium declarations
West's Annotated Code of MarylandReal PropertyEffective: October 1, 2018
Effective: October 1, 2018
MD Code, Real Property, § 11-103
§ 11-103. Condominium declarations
(a) The declaration shall express at least the following particulars:
(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.
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.
(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.
(c)(1) Except for a corrective amendment under § 11-103.1 of this title or as provided in paragraph (2) of this subsection or subsection (d) of this section, 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.
(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.
(d)(1)(i) A declaration may provide for the suspension of the use of parking or recreational facility common elements by a unit owner that is more than 60 days in arrears in the payment of any assessment due to the condominium.
(2) Notwithstanding the provisions of the declaration or bylaws, the council of unit owners may amend the declaration to add or repeal a suspension provision authorized under paragraph (1)(i) of this subsection by the affirmative vote of at least 60% of the total eligible voters of the condominium under the voting procedures contained in the declaration or the bylaws.
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; Acts 2018, c. 345, § 1, eff. Oct. 1, 2018.
Formerly Art. 21, § 11-109.
HISTORICAL AND STATUTORY NOTES
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 legislation effective June 1, 2019, from the 2019 Regular Session of the General Assembly.
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