§ 11-134.1. Claims against condominium developers and vendors; unenforceability of provisions t...
West's Annotated Code of MarylandReal PropertyEffective: October 1, 2022
West's Annotated Code of Maryland
Real Property (Refs & Annos)
Title 11. Maryland Condominium Act (Refs & Annos)
Effective: October 1, 2022
MD Code, Real Property, § 11-134.1
§ 11-134.1. Claims against condominium developers and vendors; unenforceability of provisions that reduce unit owner’s or council of unit owners’ rights
(a) In this section, “vendor” has the meaning stated in § 10-201 of this article.
Application of section
(b) This section does not apply to:
(1) A unit that is occupied and used solely for nonresidential purposes;
(2) An agreement or other instrument entered into by a developer or vendor and a council of unit owners for the purpose of settling a disputed claim 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; or
(3) An agreement or other instrument entered into by a developer or vendor and a unit owner for the purpose of settling a disputed claim after the date the unit is conveyed to the purchaser of the unit.
In general
(c)(1) Any provision of a declaration, a bylaw, a contract for the initial sale of a unit to a member of the public, or any other instrument made by a developer or vendor in accordance with this title shall be unenforceable if the provision:
(i) Shortens the statute of limitations applicable to any claim;
(ii) Waives the application of the discovery rule or other accrual date applicable to a claim;
(iii) Requires a unit owner or the council of unit owners to assert a claim subject to arbitration within a period of time that is shorter than the statute of limitations applicable to the claim; or
(iv) Operates to prevent a unit owner or the council of unit owners from filing a lawsuit, initiating arbitration proceedings for a claim subject to arbitration, or otherwise asserting a claim within the statute of limitations applicable to the claim.
(2)(i) A board of directors shall disclose to the council of unit owners any agreement by the board of directors for the purpose of settling a disputed common element warranty claim under § 11-131 of this title at least 21 days before the execution of the agreement.
(ii) A nondisclosure provision in an agreement under subparagraph (i) of this paragraph may not prohibit disclosure by the board of directors to the council of unit owners.
(3) Paragraph (1) of this subsection applies only to a provision relating to any right of a unit owner or council of unit owners to bring a claim under applicable law alleging the failure to comply with:
(i) Applicable building codes;
(ii) Plans and specifications approved by a county or municipality;
(iii) Manufacturer's installation instructions; or
(iv) Warranty provisions under § 10-203 of this article and § 11-131 of this title.
Credits
Added by Acts 2018, c. 346, § 1, eff. Oct. 1, 2018; Acts 2018, c. 347, § 1, eff. Oct. 1, 2018. Amended by Acts 2022, c. 479, § 1, eff. Oct. 1, 2022.
MD Code, Real Property, § 11-134.1, MD REAL PROP § 11-134.1
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
