§ 11-109. Council of unit owners
West's Annotated Code of MarylandReal PropertyEffective: April 10, 2012
Effective: April 10, 2012
MD Code, Real Property, § 11-109
§ 11-109. Council of unit owners
(a) The affairs of the condominium shall be governed by a council of unit owners which, even if unincorporated, is constituted a legal entity for all purposes. The council of unit owners shall be comprised of all unit owners.
(b) The bylaws may authorize or provide for the delegation of any power of the council of unit owners to a board of directors, officers, managing agent, or other person for the purpose of carrying out the responsibilities of the council of unit owners.
(c)(1) A meeting of the council of unit owners or board of directors may not be held on less notice than required by this section.
(ii) Subject to subparagraph (iii) of this paragraph and to reasonable rules adopted by the governing body under § 11-111 of this title, a governing body shall provide a designated period of time during a meeting to allow unit owners an opportunity to comment on any matter relating to the condominium.
(iii) 1. Fifteen days' notice of the time, place, and purpose of the additional meeting shall be delivered, mailed, or sent by electronic transmission if the requirements of § 11-139.1 of this title are met, to each unit owner at the address shown on the roster maintained under paragraph (2) of this subsection.
(13) Unless otherwise provided in the bylaws, a unit owner may nominate himself or any other person to be an officer or member of the board of directors. A call for nominations shall be sent to all unit owners not less than 45 days before notice of an election is sent. Only nominations made at least 15 days before notice of an election shall be listed on the election ballot. Candidates shall be listed on the ballot in alphabetical order, with no indicated candidate preference. Nominations may be made from the floor at the meeting at which the election to the board is held.
3. Until all members of the board of directors of the condominium are elected by the unit owners at a transitional meeting as specified in subparagraph (i) of this paragraph, a contract entered into by the officers or board of directors of the condominium may be terminated, at the discretion of the board of directors and without liability for the termination, not later than 30 days after notice.
(d) The council of unit owners may be either incorporated as a nonstock corporation or unincorporated and it is subject to those provisions of Title 5, Subtitle 2 of the Corporations and Associations Article which are not inconsistent with this title. The council of unit owners has, subject to any provision of this title, and except as provided in item (22) of this subsection, the declaration, and bylaws, the following powers:
(10) To purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, loan, pledge or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in, or obligation of corporations of the State, or foreign corporations, and of associations, partnerships, and individuals;
(e) A unit owner may not have any right, title, or interest in any property owned by the council of unit owners other than as holder of a percentage interest in common expenses and common profits appurtenant to his unit.
(f) A unit owner's rights as holder of a percentage interest in common expenses and common profits are such that:
Added by Acts 1974, c. 641, § 2, eff. July 1, 1974. Amended by Acts 1975, c. 374, § 16; Acts 1976, c. 348, § 1; Acts 1980, c. 681; Acts 1981, c. 246, § 1, eff. July 1, 1981; Acts 1982, c. 836, § 3; Acts 1983, c. 562, § 2; Acts 1984, c. 525; Acts 1984, c. 576, 583; Acts 1987, c. 330; Acts 1989, c. 5, § 1; Acts 1990, c. 139; Acts 1996, c. 10, § 1, eff. April 9, 1996; Acts 1997, c. 610, § 1, eff. Oct. 1, 1997; Acts 1998, c. 21, § 1, eff. April 14, 1998; Acts 1998, c. 440, § 1, eff. Oct. 1, 1998; Acts 1998, c. 564, § 1, eff. Oct. 1, 1998; Acts 2001, c. 255, § 1, eff. June 1, 2001; Acts 2002, c. 19, § 4, eff. April 9, 2002; Acts 2003, c. 225, § 1, eff. July 1, 2003; Acts 2004, c. 286, § 1, eff. Oct. 1, 2004; Acts 2005, c. 25, § 1, eff. April 12, 2005; Acts 2009, c. 95, § 1, eff. Oct. 1, 2009; Acts 2009, c. 96, § 1, eff. Oct. 1, 2009; Acts 2011, c. 65, § 1, eff. April 12, 2011; Acts 2012, c. 66, § 1, eff. April 10, 2012.
MD Code, Real Property, § 11-109, MD REAL PROP § 11-109
Current through Chapters 1 to 4 from the 2018 Regular Session of the General Assembly
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