§ 11-104. Bylaws of condominium
West's Annotated Code of MarylandReal PropertyEffective: October 1, 2017
Effective: October 1, 2017
MD Code, Real Property, § 11-104
§ 11-104. Bylaws of condominium
(a) The administration of every condominium shall be governed by bylaws which shall be recorded with the declaration. If the council of unit owners is incorporated, these bylaws shall be the bylaws of that corporation.
(b) The bylaws shall express at least the following particulars:
(1) The form of administration, indicating whether the council of unit owners shall be incorporated or unincorporated, and whether, and to what extent, the duties of the council of unit owners may be delegated to a board of directors, manager, or otherwise, and specifying the powers, manner of selection, and removal of them;
(3) The method of calling the unit owners to assemble; the attendance necessary to constitute a quorum at any meeting of the council of unit owners; the manner of notifying the unit owners of any proposed meeting; who presides at the meetings of the council of unit owners, who keeps the minute book for recording the resolutions of the council of unit owners, and who counts votes at meetings of the council of unit owners; and
(c) The bylaws also may contain any other provision regarding the management and operation of the condominium including any restriction on or requirement respecting the use and maintenance of the units and the common elements.
(d) The bylaws may contain a provision prohibiting any unit owner from voting at a meeting of the council of unit owners if the council of unit owners has recorded a statement of condominium lien on his unit and the amount necessary to release the lien has not been paid at the time of the meeting.
(e)(1) A corrective amendment to the bylaws may be made in accordance with § 11-103.1 of this title, or as provided in paragraph (2) of this subsection.
(3)(i) Except as provided in paragraph (4) of this subsection, if the declaration or bylaws contain a provision requiring any action on the part of the holder of a mortgage or deed of trust on a unit in order to amend the bylaws, that provision shall be deemed satisfied if the procedures under this paragraph are satisfied.
(5) Each particular set forth in subsection (b) of this section shall be expressed in the bylaws as amended. An amendment under paragraph (2) of this subsection shall be entitled to be recorded if accompanied by a certificate of the person specified in the bylaws to count votes at the meeting of the council of unit owners that the amendment was approved by unit owners having the required percentage of the votes and shall be effective on recordation. This certificate shall be conclusive evidence of approval.
Added by Acts 1974, c. 641, § 2, eff. July 1, 1974. Amended by Acts 1975, c. 786, § 1; Acts 1978, c. 526; Acts 1980, c. 591; Acts 1980, c. 681; Acts 1981, c. 246; Acts 1984, c. 580; Acts 1986, c. 360; Acts 1989, c. 5, § 1; Acts 1990, c. 6, § 2; Acts 1993, c. 587; Acts 1995, c. 576, § 1, eff. Oct. 1, 1995; Acts 1996, c. 185, § 1, eff. Oct. 1, 1996; Acts 2011, c. 138, § 1, eff. Oct. 1, 2011; Acts 2017, c. 480, § 1, eff. Oct. 1, 2017.
Formerly Art. 21, §§ 11-110, 11-111.
MD Code, Real Property, § 11-104, MD REAL PROP § 11-104
Current through legislation effective June 1, 2019, from the 2019 Regular Session of the General Assembly.
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