Home Table of Contents

§ 11-134.1. Claims against condominium developers and vendors; unenforceability of provisions t...

West's Annotated Code of MarylandReal PropertyEffective: October 1, 2018

West's Annotated Code of Maryland
Real Property (Refs & Annos)
Title 11. Maryland Condominium Act (Refs & Annos)
Effective: October 1, 2018
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
“Vendor” defined
(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) 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.

Editors' Notes

HISTORICAL AND STATUTORY NOTES
2018 Legislation
Acts 2018, c. 346, § 2, and Acts 2018, c. 347, § 2, provide:
“SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to apply only prospectively and may not be applied or interpreted to have any effect on or application to:
“(1) any provision of a declaration or bylaws of a condominium recorded in the land records of the county where the property is located before the effective date of this Act; or
“(2) any other instrument executed before the effective date of this Act.”
MD Code, Real Property, § 11-134.1, MD REAL PROP § 11-134.1
Current through legislation effective June 1, 2019, from the 2019 Regular Session of the General Assembly.
End of Document© 2019 Thomson Reuters. No claim to original U.S. Government Works.