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§ 11-111. Rules adopted for condominiums

West's Annotated Code of MarylandReal PropertyEffective: April 14, 2015

West's Annotated Code of Maryland
Real Property (Refs & Annos)
Title 11. Maryland Condominium Act (Refs & Annos)
Effective: April 14, 2015
MD Code, Real Property, § 11-111
§ 11-111. Rules adopted for condominiums
Notice and delivery of proposed rules
(a)(1) The council of unit owners or the body delegated in the bylaws of a condominium to carry out the responsibilities of the council of unit owners may adopt rules for the condominium if:
(i) Each unit owner is mailed or delivered:
1. A copy of the proposed rule;
2. Notice that unit owners are permitted to submit written comments on the proposed rule; and
3. Notice of the proposed effective date of the proposed rule;
(ii) Subject to paragraph (2) of this subsection, before a vote is taken on the proposed rule, an open meeting is held to allow each unit owner or tenant to comment on the proposed rule; and
(iii) After notice has been given to unit owners as provided in this subsection, the proposed rule is passed at a regular or special meeting by a majority vote of those present and voting of the council of unit owners or the body delegated in the bylaws of the condominium to carry out the responsibilities of the council of unit owners.
(2) A meeting held under paragraph (1)(ii) of this subsection may not be held unless:
(i) Each unit owner receives written notice at least 15 days before the meeting; and
(ii) A quorum of the council of unit owners or the body delegated in the bylaws of the condominium to carry out the responsibilities of the council of unit owners is present.
Vote on proposed rules
(b)(1) The vote on the proposed rule shall be final unless:
(i) Within 15 days after the vote, to adopt the proposed rule, 15 percent of the council of unit owners sign and file a petition with the body that voted to adopt the proposed rule, calling for a special meeting;
(ii) A quorum of the council of unit owners attends the meeting; and
(iii) At the meeting, 50 percent of the unit owners present and voting disapprove the proposed rule, and the unit owners voting to disapprove the proposed rule are more than 33 percent of the total votes in the condominium.
(2) During the special meetings held under paragraph (1) of this subsection, unit owners, tenants, and mortgagees may comment on the proposed rule.
(3) A special meeting held under paragraph (1) of this subsection shall be held:
(i) After the unit owners and any mortgagees have at least 15 days' written notice of the meeting; and
(ii) Within 30 days after the day on which the petition is received by the body.
Requests for individual exceptions to rules
(c)(1) Each unit owner or tenant may request an individual exception to a rule adopted while the individual was the unit owner or tenant of the condominium.
(2) The request for an individual exception under paragraph (1) of this subsection shall be:
(i) Written;
(ii) Filed with the body that voted to adopt the proposed rule; and
(iii) Filed within 30 days after the effective date of the rule.
Rules adopted under this section
(d)(1) Each rule adopted under this section shall state that the rule was adopted under the provisions of this section.
(2) A rule may not be adopted under this section after July 1, 1984 if the rule is inconsistent with the condominium declaration or bylaws.
(3) This section does not apply to rules adopted before July 1, 1984.

Credits

Added by Acts 1984, c. 584, § 2, eff. July 1, 1984. Amended by Acts 1986, c. 385; Acts 2015, c. 22, § 1, eff. April 14, 2015.
MD Code, Real Property, § 11-111, MD REAL PROP § 11-111
Current through all legislation from the 2017 Regular Session of the General Assembly
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