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§ 11-104. Bylaws of condominium

West's Annotated Code of MarylandReal PropertyEffective: October 1, 2011 to September 30, 2017

West's Annotated Code of Maryland
Real Property (Refs & Annos)
Title 11. Maryland Condominium Act (Refs & Annos)
Effective: October 1, 2011 to September 30, 2017
MD Code, Real Property, § 11-104
§ 11-104. Bylaws of condominium
Administration of condominium governed by bylaws
(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.
Contents of bylaws
(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;
(2) The mailing address of the council of unit owners;
(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
(4) The manner of assessing against and collecting from unit owners their respective shares of the common expenses.
Use and maintenance of units and common elements
(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.
Voting by unit owners with unpaid liens
(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.
Corrections to bylaws
(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.
(2)(i) Except as provided in subparagraph (ii) of this paragraph, unless a higher percentage is required in the bylaws, the bylaws may be amended by the affirmative vote of unit owners having at least 66 2/3 percent of the votes in the council of unit owners.
(ii) The bylaws may be amended by the affirmative vote of unit owners having at least 51% of the votes in the council of unit owners for the purpose of requiring all unit owners to maintain condominium unit owner insurance policies on their units.
(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.
(ii) If the declaration or bylaws contain a provision described in subparagraph (i) of this paragraph, the council of unit owners shall cause to be delivered to each holder of a mortgage or deed of trust entitled to notice, a copy of the proposed amendment to the bylaws.
(iii) If a holder of the mortgage or deed of trust that receives the proposed amendment fails to object, in writing, to the proposed amendment within 60 days from the date of actual receipt of the proposed amendment, the holder shall be deemed to have consented to the adoption of the amendment.
(4) Paragraph (3) of this subsection does not apply to amendments that:
(i) Alter the priority of the lien of the mortgage or deed of trust;
(ii) Materially impair or affect the unit as collateral; or
(iii) Materially impair or affect the right of the holder of the mortgage or deed of trust to exercise any rights under the mortgage, deed of trust, or applicable law.
(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.

Credits

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.
Formerly Art. 21, §§ 11-110, 11-111.
MD Code, Real Property, § 11-104, MD REAL PROP § 11-104
Current through all legislation from the 2017 Regular Session of the General Assembly
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