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§ 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.
MD Code, Real Property, § 11-134.1, MD REAL PROP § 11-134.1
Current with all legislation from the 2021 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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