reglab/housing_qa huggingface dataset:
MD. Real Property Code Ann. §  11-102 (2021)
2021 Maryland Statutes|Real Property|Title 11 - Maryland Condominium Act|Section 11-102 - Establishment of Condominium Regime

    (a)    (1)    The fee simple owner or lessee under a lease that exceeds 60 years of any property in the State may subject the property to a condominium regime by recording among the land records of the county where the property is located, a declaration, bylaws, and condominium plat that comply with the requirements specified in this title.        (2)    (i)    Notwithstanding the provisions of paragraph (1) of this subsection, a leasehold estate may not be subjected to a condominium regime if it is used for residential purposes unless the State, a county that has adopted charter home rule under Article XI-A of the Maryland Constitution, a municipal corporation, or, subject to the provisions of subparagraph (ii) of this paragraph, the Washington Metropolitan Area Transit Authority is the owner of the reversionary fee simple estate.            (ii)    The Washington Metropolitan Area Transit Authority may establish a leasehold estate for a condominium regime that is used for residential purposes under subparagraph (i) of this paragraph if, when the initial term of the lease expires, there is a provision in the lease that allows the lessee to automatically renew the lease for another term.        (3)    Notwithstanding paragraph (2) of this subsection or any declaration, rule, or bylaw, a developer or any other person may not be prohibited from granting a leasehold estate in an individual unit used for residential purposes.    (b)    If any property lying partly in one county and partly in any other county is subjected to a condominium regime, the declaration, bylaws, and condominium plat shall be recorded in all counties where any portion of the property is located. Subsequent instruments affecting the title to a unit which is physically located entirely within a single county shall be recorded only in that county, notwithstanding the fact that the common elements are not physically located entirely within that county.    (c)    All instruments affecting title to units shall be recorded and taxed as in other real property transactions. However, no State or local tax may be imposed by reason of the execution or recordation of the declaration, bylaws, condominium plat, or any statement of condominium lien recorded pursuant to the provisions of § 11-110 of this title.    (d)    The declaration, bylaws, and condominium plat shall be indexed in the grantor index under the name of the developer and under the name of the condominium. Subsequent amendments shall be indexed under the name of the condominium.
MD. Real Property Code Ann. §  11-102.2 (2021)
2021 Maryland Statutes|Real Property|Title 11 - Maryland Condominium Act|Section 11-102.2 - Termination of Leases

    (a)    In this section, “terminate” means:        (1)    A giving of notice terminating a periodic tenancy of a dwelling within a residential rental facility; or        (2)    The failure to renew or continue an existing lease for a dwelling in a residential rental facility upon its expiration.    (b)    The owner of a residential facility may not terminate the lease of any tenant occupying any portion of the owner’s residential facility in order to avoid such owner’s obligation to give the tenant the notice required under § 11-102.1 of this title.    (c)    The application for registration for a residential rental facility under § 11–127 of this title shall include, to the extent reasonably available, a list of all tenants whose leases were terminated during the 180–day period prior to the filing of the application for registration.    (d)    After an agency hearing, if the Secretary of State determines that an owner has violated subsection (b) of this section within 180 days prior to filing an application for registration, the Secretary of State shall reject the application for registration filed by the owner.    (e)    After a public offering statement has been registered, if the Secretary of State determines that an owner has violated subsection (b) of this section during the 12-month period prior to the time units are offered for sale, the Secretary of State shall revoke the registration.    (f)    In determining whether an owner has violated subsection (b) of this section, the Secretary of State shall consider:        (1)    (i)    Whether the termination was due to the nonpayment of rent;            (ii)    Whether the termination was due to a breach of the lease; or            (iii)    Whether the owner intended at the time of termination to convert the residential facility to a condominium; and        (2)    Any other factors as the Secretary of State deems appropriate.    (g)    If an application for registration is rejected by the Secretary of State pursuant to subsection (d) of this section, or if a registration is revoked by the Secretary of State pursuant to subsection (e) of this section, the Secretary of State may not accept the application or reinstate the registration unless and until the owner has tendered to every tenant whose lease was terminated in violation of subsection (a) of this section an award for reasonable expenses.
MD. Real Property Code Ann. §  11-103.1 (2021)
2021 Maryland Statutes|Real Property|Title 11 - Maryland Condominium Act|Section 11-103.1 - Corrective Amendments

    (a)    Unless the declaration or bylaws provide otherwise and subject to subsections (b) and (c) of this section, the council of unit owners or the board of directors may execute and record an amendment to the declaration, bylaws, or plat, to correct:        (1)    A typographical error or other error in the percentage interests or number of votes appurtenant to any unit;        (2)    A typographical error or other incorrect reference to another prior recorded document; or        (3)    A typographical error or other incorrect unit designation or assignment of limited common elements if the affected unit owners and their mortgagees consent in writing to the amendment, and the consent documents are recorded with the amendment.    (b)    If a council of unit owners or board of directors executes and records an amendment under subsection (a) of this section, the council or board shall also record with the amendment:        (1)    During the time that the developer has an interest:            (i)    The consent of the developer; or            (ii)    An affidavit by the council or board that any developer who has an interest in the condominium has been provided a copy of the amendment and a notice that the developer may object in writing to the amendment within 30 days of receipt of the amendment and notice, that 30 days have passed since delivery of the amendment and notice, and that the developer has made no written objection; and        (2)    An affidavit by the council or board that at least 30 days before recordation of the amendment a copy of the amendment was sent by first–class mail to each unit owner at the last address on record with the council of unit owners.    (c)    An amendment under this section is entitled to be recorded and is effective upon recordation if accompanied by the supporting documents required by this section.
MD. Real Property Code Ann. §  11-106 (2021)
2021 Maryland Statutes|Real Property|Title 11 - Maryland Condominium Act|Section 11-106 - Status and Description of Units

    (a)    Each unit in a condominium has all of the incidents of real property.    (b)    A description in any deed or other instrument affecting title to any unit which makes reference to the letter or number or other appropriate designation on the condominium plat together with a reference to the plat shall be a good and sufficient description for all purposes.
MD. Real Property Code Ann. §  11-107 (2021)
2021 Maryland Statutes|Real Property|Title 11 - Maryland Condominium Act|Section 11-107 - Percentage Interests

    (a)    Each unit owner shall own an undivided percentage interest in the common elements equal to that set forth in the declaration. Except as specifically provided in this title, the common elements shall remain undivided. Except as provided in this title, no unit owner, nor any other person, may bring a suit for partition of the common elements, and any covenant or provision in any declaration, bylaws, or other instrument to the contrary is void.    (b)    Each unit owner shall have a percentage interest in the common expenses and common profits equal to that set forth in the declaration.    (c)    The percentage interest provided in subsections (a) and (b) of this section may be identical or may vary. The percentage interests shall have a permanent character and, except as specifically provided by this title, may not be changed without the written consent of all of the unit owners and their mortgagees. Any change shall be evidenced by an amendment to the declaration, recorded among the appropriate land records. The percentage interests may not be separated from the unit to which they appertain. Any instrument, matter, circumstance, action, occurrence, or proceeding in any manner affecting a unit also shall affect, in like manner, the percentage interests appurtenant to the unit.    (d)    (1)    Notwithstanding any other provision of this title, but subject to any provision in the declaration or bylaws, a unit owner may:            (i)    Grant by deed part of a unit and incorporate it as part of another unit if a portion of the percentage interests of the grantor is granted to the grantee and the grant is evidenced by an amendment to the declaration specifically describing the part granted, the percentage interests reallocated and the new percentage interest of the grantor and the grantee; and            (ii)    Subdivide his unit into 2 or more units if the original percentage interests and votes appurtenant to the original unit are allocated to the resulting units and the subdivision is evidenced by an amendment to the declaration describing the resulting units and the percentage interests and votes allocated to each unit.        (2)    When appropriate, a plat may be attached to the amendment. The transfer or subdivision may be made without the consent of all of the unit owners if the amendment to the declaration is executed by the unit owners and mortgagees of the units involved and by the council of unit owners or its authorized designee.        (3)    If the unit owner of 2 or more adjacent units or the unit owner of a unit and an adjacent part of another unit transferred in accordance with this subsection desires to consolidate them, the council of unit owners or its authorized designee may authorize the unit owner to remove all or part of any walls separating the units or portions of them if the removal does not violate any applicable statute or regulation.
MD. Real Property Code Ann. §  11-108 (2021)
2021 Maryland Statutes|Real Property|Title 11 - Maryland Condominium Act|Section 11-108 - Use of Common Elements

    (a)    Subject to the provisions of subsection (c) of this section, the common elements may be used only for the purposes for which they were intended and, except as provided in the declaration, the common elements shall be subject to mutual rights of support, access, use, and enjoyment by all unit owners. However, subject to the provisions of subsection (b) of this section, any portion of the common elements designated as limited common elements shall be used only by the unit owner of the unit to which their use is limited in the declaration or condominium plat.    (b)    Any unit owner or any group of unit owners of units to which the use of any limited common element is exclusively restricted may grant by deed the exclusive use, or the joint use in common with one or more of the grantors, of the limited common elements to any one or more unit owners. A copy of the deed shall be furnished to the council of unit owners.    (c)    (1)    This subsection does not apply to any meetings of unit owners occurring at any time before the unit owners elect officers or a board of directors in accordance with § 11-109(c)(16) of this title.        (2)    Subject to reasonable rules adopted by the governing body under § 11-111 of this title, unit owners may meet for the purpose of considering and discussing the operation of and matters relating to the operation of the condominium in any common elements or in any building or facility in the common elements that the governing body of the condominium uses for scheduled meetings.    (d)    (1)    Notwithstanding any bylaw, provision of a condominium plat, rule, or other provision of law, the governing body of a condominium or, if control of the governing body has not yet transitioned to the unit owners, the developer shall give notice in accordance with paragraph (2) of this subsection no less than 30 days before the sale, including a tax sale, of any common element located on property that has been transferred to the condominium.        (2)    The notice requirement under paragraph (1) of this subsection shall be satisfied by:            (i)    Providing written notice about the sale to each unit owner; or            (ii)    1.    Posting a sign about the sale on the property to be sold, in a manner similar to signage required for a zoning modification; and                2.    If the condominium has a Web site, providing notice about the sale on the home page of the Web site of the condominium.
MD. Real Property Code Ann. §  11-108.1 (2021)
2021 Maryland Statutes|Real Property|Title 11 - Maryland Condominium Act|Section 11-108.1 - Responsibility for Maintenance, Repair, and Replacement

    Except to the extent otherwise provided by the declaration or bylaws, and subject to § 11–114 of this title, the council of unit owners is responsible for maintenance, repair, and replacement of the common elements, and each unit owner is responsible for maintenance, repair, and replacement of his unit.
MD. Real Property Code Ann. §  11-109.1 (2021)
2021 Maryland Statutes|Real Property|Title 11 - Maryland Condominium Act|Section 11-109.1 - Closed Meetings of Board of Directors

    (a)    A meeting of the board of directors may be held in closed session only for the following purposes:        (1)    Discussion of matters pertaining to employees and personnel;        (2)    Protection of the privacy or reputation of individuals in matters not related to the council of unit owners’ business;        (3)    Consultation with legal counsel on legal matters;        (4)    Consultation with staff personnel, consultants, attorneys, board members, or other persons in connection with pending or potential litigation or other legal matters;        (5)    Investigative proceedings concerning possible or actual criminal misconduct;        (6)    Consideration of the terms or conditions of a business transaction in the negotiation stage if the disclosure could adversely affect the economic interests of the council of unit owners;        (7)    Complying with a specific constitutional, statutory, or judicially imposed requirement protecting particular proceedings or matters from public disclosure; or        (8)    Discussion of individual owner assessment accounts.    (b)    If a meeting is held in closed session under subsection (a) of this section:        (1)    An action may not be taken and a matter may not be discussed if it is not permitted by subsection (a) of this section; and        (2)    A statement of the time, place, and purpose of any closed meeting, the record of the vote of each board member by which any meeting was closed, and the authority under this section for closing any meeting shall be included in the minutes of the next meeting of the board of directors.
MD. Real Property Code Ann. §  11-109.2 (2021)
2021 Maryland Statutes|Real Property|Title 11 - Maryland Condominium Act|Section 11-109.2 - Annual Proposed Budget

    (a)    The council of unit owners shall cause to be prepared and submitted to the unit owners an annual proposed budget at least 30 days before its adoption.    (b)    The annual budget shall provide for at least the following items:        (1)    Income;        (2)    Administration;        (3)    Maintenance;        (4)    Utilities;        (5)    General expenses;        (6)    Reserves; and        (7)    Capital items.    (c)    In Prince George’s County, the reserves provided for in the annual budget under subsection (b) of this section shall be the funding amount recommended in the most recent reserve study completed under § 11–109.4 of this title.    (d)    (1)    The budget shall be adopted at an open meeting of the council of unit owners or any other body to which the council of unit owners delegates responsibilities for preparing and adopting the budget.        (2)    (i)    The council of unit owners or other governing body of unit owners shall submit the adopted annual budget to the unit owners not more than 30 days after the meeting at which the budget was adopted.            (ii)    The adopted annual budget may be submitted to each unit owner by electronic transmission, by posting on the condominium association’s home page, or by inclusion in the homeowners association’s newsletter.    (e)    Any expenditure made other than those made because of conditions which, if not corrected, could reasonably result in a threat to the health or safety of the unit owners or a significant risk of damage to the condominium, that would result in an increase in an amount of assessments for the current fiscal year of the condominium in excess of 15 percent of the budgeted amount previously adopted, shall be approved by an amendment to the budget adopted at a special meeting, upon not less than 10 days written notice to the council of unit owners.    (f)    The adoption of a budget shall not impair the authority of the council of unit owners to obligate the council of unit owners for expenditures for any purpose consistent with any provision of this title.    (g)    The provisions of this section do not apply to a condominium that is occupied and used solely for nonresidential purposes.
MD. Real Property Code Ann. §  11-109.3 (2021)
2021 Maryland Statutes|Real Property|Title 11 - Maryland Condominium Act|Section 11-109.3 - Court Appointment of Receiver

    (a)    If the council of unit owners fails to fill vacancies on the board of directors sufficient to constitute a quorum in accordance with the bylaws, three or more unit owners may petition the circuit court for the county where the condominium is located to appoint a receiver to manage the affairs of the council of unit owners.    (b)    (1)    At least 30 days before petitioning the circuit court, the unit owners acting under the authority granted by subsection (a) of this section shall mail to the council of unit owners a notice describing the petition and the proposed action.        (2)    The unit owners shall post a copy of the notice in a conspicuous place on the condominium property.    (c)    If the council of unit owners fails to fill vacancies sufficient to constitute a quorum within the notice period, the unit owners may proceed with the petition.    (d)    A receiver appointed by a court under this section may not reside in or own a unit in the condominium governed by the council of unit owners.    (e)    (1)    A receiver appointed under this section shall have all powers and duties of a duly constituted board of directors.        (2)    The receiver shall serve until the council of unit owners fills vacancies on the board of directors sufficient to constitute a quorum.    (f)    The salary of the receiver, court costs, and reasonable attorney’s fees are common expenses.
MD. Real Property Code Ann. §  11-109.4 (2021)
2021 Maryland Statutes|Real Property|Title 11 - Maryland Condominium Act|Section 11-109.4 - Reserve Study of Condominium Common Elements -- Criteria

    (a)    In this section, “reserve study” means a study of the reserves required for future major repairs and replacement of the common elements of a condominium in Prince George’s County that:        (1)    Identifies each structural, mechanical, electrical, and plumbing component of the common elements and any other components that are the responsibility of the council of unit owners to repair and replace;        (2)    States the normal useful life and the estimated remaining useful life of each identified component;        (3)    States the estimated cost of repair or replacement of each identified component; and        (4)    States the estimated annual reserve amount necessary to accomplish any identified future repair or replacement.    (b)    This section applies only to a condominium in Prince George’s County.    (c)    (1)    This subsection applies to a condominium established on or after October 1, 2020.        (2)    The governing body of the condominium shall have an independent reserve study completed not less than 30 calendar days before the meeting of the council of unit owners required under § 11–109(c)(16) of this title.        (3)    The governing body shall have a reserve study completed within 5 years after the date of the initial reserve study conducted under paragraph (2) of this subsection and at least every 5 years thereafter.    (d)    (1)    This subsection applies to a condominium established before October 1, 2020.        (2)    If the governing body of a condominium has had a reserve study conducted on or after October 1, 2016, the governing body shall have a reserve study conducted within 5 years after the date of that reserve study and at least every 5 years thereafter.        (3)    If the governing body of a condominium has not had a reserve study conducted on or after October 1, 2016, the governing body shall have a reserve study conducted on or before October 1, 2021, and at least every 5 years thereafter.    (e)    Each reserve study required under this section shall:        (1)    Be prepared by a person who:            (i)    Has prepared at least 30 reserve studies within the prior 3 calendar years;            (ii)    Holds a bachelor’s degree in construction management, architecture, or engineering, or equivalent experience and education;            (iii)    Holds a current license from the State Board of Architects or the State Board for Professional Engineers; or            (iv)    Is currently designated as a reserve specialist by the Community Association Institute or as a professional reserve analyst by the Association of Professional Reserve Analysts;        (2)    Be available for inspection and copying by any unit owner;        (3)    Be reviewed by the governing body of the condominium in connection with the preparation of the annual proposed budget; and        (4)    Be summarized for submission with the annual proposed budget to the unit owners.