reglab/housing_qa huggingface dataset:
MD. Real Property Code Ann. §  11A-106 (2021)
2021 Maryland Statutes|Real Property|Title 11A - Maryland Real Estate Time-Sharing Act|Section 11A-106 - Developer Control Period; Transfer of Title to Association

    (a)    (1)    The time-share instrument for a time-share estate project shall provide for a period of time, to be called the “developer control period”, during which the developer or a managing entity selected by the developer shall manage and control the time-share project.        (2)    The developer shall be responsible for common expenses during the developer control period. Occupancy expenses shall be allocated only to the time-share estate owners. Nothing shall preclude the developer, during the developer control period, from collecting a periodic charge from the time-share estate owners for the payment of occupancy expenses. However, any such funds received and not spent or any other funds received and allocated to the benefit of the association, shall be transferred to the association by the developer immediately upon termination of the developer control period.        (3)    Upon termination of the developer control period, the association shall be responsible for time-share expenses except that the developer shall be responsible for common expenses associated with his proportionate share of the time-share project. However, no time-share expense, dues, or assessment levied by the association shall discriminate against the developer.    (b)    The time-share instrument for a time-share estate project shall also include provisions for the following:        (1)    Termination of leases and contracts for goods and services entered into during the developer control period. Any such contract shall become voidable at the option of the association no later than 2 years after the developer sells the first time-share estate in the project; and        (2)    A regular accounting by the developer to the association of matters that significantly affect the interest of time-share estate owners.    (c)    Title to the common elements, if any, of the time-share estate project shall be transferred to the association, free of charge, no later than at such time as the developer either transfers to purchasers legal or equitable ownership of at least 75 percent of the time-share estates or completes all of the amenities and facilities comprising the time-share project, whichever shall occur later, but the developer may elect not to convey sooner than 2 years from the date the developer sells the first time-share estate. The developer control period shall terminate on the date of transfer of the common elements to the association.
MD. Real Property Code Ann. §  11A-107 (2021)
2021 Maryland Statutes|Real Property|Title 11A - Maryland Real Estate Time-Sharing Act|Section 11A-107 - Provisions in License Plan Instrument for Management and Maintenance of Plan and Units

    The time-share instrument for a time-share license plan shall prescribe and outline reasonable arrangements for the management and operation of the time-share license plan and for the maintenance, repair, and furnishing of time-share units, which arrangements shall include provisions for the following:         (1)    Standards and procedures for housekeeping, repair, and interior furnishing of time-share units;        (2)    Adoption of standards and rules of conduct governing the use, enjoyment, and occupancy of time-share units by licensees;        (3)    Payment by the developer of time-share expenses;        (4)    Selection of a managing entity to act for and on behalf of the developer should the developer elect not to undertake the duties, responsibilities, and obligations of being the managing entity for the time-share license plan;        (5)    Procedures for establishing the rights of time-share licensees to occupancy, use, and enjoyment of time-share units by prearrangement or under a first reserved, first served priority system;        (6)    Procedures for assessment and collection of time-share expenses from time-share licensees;        (7)    Comprehensive general liability insurance for death, bodily injury, and property damage arising out of, or in connection with, the occupancy, use, and enjoyment of time-share units by time-share licensees, their guests, and other users. The insurance required by this subsection shall be in addition to the insurance required by § 11A-111 of this title. The developer shall pay the costs of securing and maintaining the insurance. Nothing herein shall be construed to obligate the developer to secure insurance on the conduct, personal effects, or property of the time-share licensees, their guests, and other users;        (8)    Methods of providing an alternate use period or monetary compensation to a time-share licensee if a time-share unit cannot be made available for the period to which the licensee is entitled by schedule or by a confirmed reservation; and        (9)    Procedures for imposing a monetary penalty or a suspension of a time-share licensee’s rights upon failure to comply with the provisions of the time-share instrument, to obey rules and regulations established by the developer, or to pay time-share expenses charged against the time-share licensee. The licensee shall be given notice and the opportunity to answer in person or in writing to the Commission before a decision to impose a monetary penalty or a suspension of rights is rendered.
MD. Real Property Code Ann. §  11A-108 (2021)
2021 Maryland Statutes|Real Property|Title 11A - Maryland Real Estate Time-Sharing Act|Section 11A-108 - Termination of Time-Shares

    (a)    Time-shares shall terminate at the end of the term of the time-share plan as set forth in the time-share instrument. Prior to the termination date in the time-share instrument, all time-shares in a time-share project may be terminated only by agreement of the time-share owners of at least 80 percent of the time-shares, or such larger percentage as the time-share instrument may specify.    (b)    An agreement to terminate all time-shares in a time-share project must be evidenced by a termination agreement executed in the same manner as a deed, by the requisite number of time-share owners. The termination agreement must specify a date after which the agreement will be void unless recorded. An executed termination agreement is effective only when recorded in the land records of every county in which a portion of the time-share project is situated.    (c)    Foreclosure or enforcement of a lien or encumbrance against all time-shares in a time-share project does not terminate the project unless the lienor elects that the project be terminated and the advertisement of foreclosure or enforcement sale so provides.    (d)    (1)    The termination agreement may provide for the sale of time-share units and designate a trustee to effect a sale so long as the proceeds of the sale are distributed to individual time-share owners less a sales commission of 5 percent and reasonable sales expenses to be paid to the trustee. On the termination date, the interests of a time-share owner vests in the trustee for the benefit of owners. Proceeds from a sale shall be distributed in the normal order of priority to creditors, lienholders, and to time-share owners in proportion to their shares as provided in the termination agreement or as provided in paragraph (4) of this subsection if the termination agreement does not establish proportionate shares.        (2)    On or after the termination date, any owner of a time-share may maintain an action for partition or for allotment or sale in lieu of partition.        (3)    Except as otherwise provided in the termination agreement, a time-share owner’s right to occupy a time-share unit continues until the termination sale occurs.        (4)    If the termination agreement does not specify the respective time-share owner shares in the time-share project, within 180 days prior to the termination date an appraisal must be made of the fair market value of each time-share as of the date of the termination sale by an appraiser designated in the termination agreement or by the trustee. The appraisal shall be sent to each time-share owner. The appraisal determines the value of each time-share owner’s interest unless at least 25 percent of the owners disapprove in writing within 60 days after the appraisals are sent or the final judgment of a court prevents the appraisal from being used to determine a value.
MD. Real Property Code Ann. §  11A-108.1 (2021)
2021 Maryland Statutes|Real Property|Title 11A - Maryland Real Estate Time-Sharing Act|Section 11A-108.1 - Continuation of Time-Share Past Termination Date

    (a)    An association by a two-thirds majority vote of the members present at any regular or special meeting may amend its time-share instrument to provide that the time-shares in a time-share project will not terminate at the end of the term of the time-share plan as provided in § 11A-108 of this title.    (b)    In determining that the time-shares will not terminate at the end of the term of the time-share plan, an association may:        (1)    Establish a later termination date or decide that there will be no termination date; and        (2)    Provide that on or after the original termination date as set forth in the time-share instrument, a time-share owner shall continue to:            (i)    Have exclusive rights to use, occupy, sell, convey, assign, mortgage, exchange, or pass by will or inheritance, any time-shares owned by the person;            (ii)    Use and enjoy all the common elements of the time-share project; and            (iii)    Have the previously existing rights and duties in the association including the right to vote and the duty to pay charges and assessments.    (c)    A person to whom a time-share is transferred by sale, conveyance, assignment, mortgage, devise, bequest, or inheritance shall have the rights and duties of the person from whom the time-share was transferred.    (d)    The provisions of this section apply even if, under the terms of a time-share deed or time-share instrument, the time-share owners have or will become owners as tenants in common of a time-share unit or project.    (e)    An association may not take an action provided for in subsection (a) of this section unless the notice of the meeting sent to the time-share owners expressly states that the action may be considered at the meeting.
MD. Real Property Code Ann. §  11A-113 (2021)
2021 Maryland Statutes|Real Property|Title 11A - Maryland Real Estate Time-Sharing Act|Section 11A-113 - Conversion Buildings

    (a)    If a conversion building is more than 5 years old, and the developer owns or controls time-shares in more than 50 percent of all units in the building, the public offering statement shall contain, in addition to other required information, a statement of the physical condition and state of repair of the major structural, mechanical, electrical, and plumbing systems of the conversion building, to the extent reasonably ascertainable, and estimated costs of repair for which a present need is disclosed in such statement. The developer is entitled to rely on the reports of architects and engineers who examine the conversion building. This requirement applies only to units in which use as a dwelling or for recreational purposes, or both, is permissible.    (b)    (1)    The developer of a time-share project which includes all or any part of a conversion building, and any person in the business of selling real estate for his own account who intends to offer time-share in a conversion building, shall give each of the residential tenants and any residential subtenant in possession of each proposed time-share unit notice of the conversion no later than 120 days before such developer will require the tenants and any subtenant in possession to vacate. The notice must set forth generally the rights of tenants and subtenants under this section and be hand delivered to the unit or mailed to the tenant and subtenant at the address of the unit or any other mailing address provided by the tenant or subtenant.        (2)    No tenant or subtenant may be required by the developer to vacate upon less than 120 days’ notice, except by reason of nonpayment of rent, waste, normal expiration of the term of the lease, or conduct that disturbs other tenants’ peaceful enjoyment of the premises, and the terms of the tenancy may not be altered during that period without the consent of the tenant or subtenant. Failure to give notice as required by this subsection is a defense to an action for possession.
MD. Real Property Code Ann. §  11A-114 (2021)
2021 Maryland Statutes|Real Property|Title 11A - Maryland Real Estate Time-Sharing Act|Section 11A-114 - Right of Cancellation

    (a)    A time-share purchaser shall have the right to cancel the sales contract until midnight of the tenth calendar day following whichever occurs latest:        (1)    The contract date;        (2)    The day on which the time-share purchaser received the last of all documents required to be provided as part of the public offering statement; or        (3)    The time-share unit meets all building requirements and is ready for occupancy. However, if the developer obtains a payment and performance bond from a surety to insure completion of the project as represented in the public offering statement and contract of sale, and files the bond with the Commission, this item does not apply.    (b)    The right of cancellation cannot be waived by the purchaser or by any other person. No closing shall occur until the purchaser’s cancellation period has expired. Any false representation made by or on behalf of a developer that a purchaser may not exercise the right of cancellation, or any attempt to obtain a waiver of the purchaser’s cancellation rights, or a closing prior to the expiration of the cancellation period, shall be unlawful and such closing shall be voidable at the option of the purchaser for a period of 1 year after the expiration of the cancellation period. Nothing in this section shall preclude the execution of documents in advance of closing for delivery after expiration of the cancellation period.    (c)    Any notice of cancellation given by mail or telegraphic communication shall be considered given on the date postmarked, if mailed, or when transmitted from the place of origin, if telegraphed, so long as the notice is actually received by the developer. If notice is given by means of a writing transmitted other than by mail or telegraph, it shall be considered given at the time of receipt at the principal place of business of the developer.    (d)    In the event of a timely cancellation, or in the event the time-share plan is one in which time-share licenses are sold and at any time the time-share project is no longer available to such licensees, the developer shall honor the rights of any purchaser to cancel the sales contract. Upon such cancellation, the developer shall refund to the purchaser all payments made which exceed the proportionate amount of benefits made available under the plan, using the number of years of the proposed plan as the base. Such refund shall be made within 20 business days of demand or within 5 days after receipt of funds from the purchaser’s cleared check, whichever is later.
MD. Real Property Code Ann. §  11A-115 (2021)
2021 Maryland Statutes|Real Property|Title 11A - Maryland Real Estate Time-Sharing Act|Section 11A-115 - Resale of Time-Share

    (a)    In this section, “time-share owner” includes an association reselling time-shares acquired by the association:        (1)    Through foreclosure of a lien for nonpayment of assessments or other charges by a time-share owner as provided in § 11A-110 of this title; or        (2)    By deed in lieu of foreclosure from a time-share owner who is delinquent in payment of assessments or other charges as provided in § 11A-110 of this title.    (b)    In the event of the resale of a time-share by a time-share owner, the selling time-share owner shall furnish to the purchaser before the execution of any sales contract, or, if there is no sales contract, before the transfer of title or use, a copy of the time-share instrument, other than plats and plans, and a certificate containing:        (1)    A statement disclosing the effect on the proposed transfer of any right of first refusal or other restraint on transfer of the time-share or any portion thereof;        (2)    A statement setting forth the amount of the periodic time-share expense liability and any unpaid time-share expense or other sums currently due and payable from the selling time-share owner in respect of the time-share;        (3)    A statement of any other facility fees payable by time-share owners; and        (4)    A statement of any judgments or other matters that are or may become liens against the time-share being sold or the time-share unit of which it is a part and the status of any pending suits that may result in those liens.    (c)    The managing entity, within 10 days after a written request by the selling time-share owner, shall for a reasonable fee furnish a certificate containing the information necessary to enable the selling time-share owner to comply with this section. A selling time-share owner providing a certificate from the managing entity is not liable to the purchaser for any erroneous information provided by the managing entity, other than for judgment liens against the time-share or the time-share unit of which it is a part, but the managing entity shall be liable therefor.    (d)    The purchaser is not liable for any unpaid time-share expense or facility fee greater than the amount set forth in a certificate prepared by the managing entity. The selling time-share owner is not liable to the purchaser for the failure or delay of a managing entity to provide the certificate in a timely manner.    (e)    Any purchaser may at any time within 7 days following receipt of all information required by this section, cancel the sales contract without reason and without liability. The purchaser, upon cancellation, is entitled to the return of any deposits made on account of the contract. The rights of the purchaser under this section may not be waived, and any attempted waiver is void.
MD. Real Property Code Ann. §  11A-116 (2021)
2021 Maryland Statutes|Real Property|Title 11A - Maryland Real Estate Time-Sharing Act|Section 11A-116 - Purchase Money Escrow Account; Bonds

    (a)    (1)    In this section, “purchase money” includes any money, note, security, or other monetary consideration paid by a purchaser for a time–share.        (2)    All purchase money received by or on behalf of a developer from a purchaser for the purchase or reservation of a time–share shall be deposited in an escrow account designated solely for that purpose with a financial institution whose accounts are insured by a government agency until the expiration of the time for cancellation or any later time provided in the contract.        (3)    After the expiration of the cancellation period or that provided in the contract, if no notice of cancellation is received, such funds or instruments may be released as provided in subsection (b).    (b)    Any purchase money received by or on behalf of a developer from purchasers of time–shares may be released to the developer, provided he maintains a surety bond for the benefit of each purchaser of a time–share, until the happening of the earlier of:        (1)    The conveying of good and merchantable title to the time–share estate or the granting of an unencumbered right to use the time–share project pursuant to a time–share license;        (2)    The return of the purchase money to the purchaser; or        (3)    The forfeiture of the purchase money by the purchaser, under the terms of the contract.    (c)    As used in this section the word “bond” includes a bond issued by a surety or a letter of credit issued by a financial institution acceptable to the Commission and in a form acceptable to the Commission.    (d)    The bond may not be canceled by the surety until 30 days after the surety gives notice of cancellation to the Commission.    (e)    The penalty of the bond shall be adjusted from time to time in accordance with the following schedule:
MD. Real Property Code Ann. §  11A-117 (2021)
2021 Maryland Statutes|Real Property|Title 11A - Maryland Real Estate Time-Sharing Act|Section 11A-117 - Warranties

    (a)    Sections 10-201, 10-202, and 10-203 of this article apply to all sales by developers under this title. For purposes of this section, a newly constructed unit means a newly constructed or converted unit.    (b)    In addition to the implied warranties set forth in § 10-203 of this article, there is an implied warranty on every time-share unit from the developer to a purchaser that the developer will correct any defects in materials or workmanship in the construction of walls, ceilings, floors, and heating and air conditioning systems in the unit. The warranty on the unit commences with the transfer of either title or use to the unit and extends to each time-share owner for a period of 1 year. In addition, a developer shall warrant to a purchaser of a time-share that any existing use of the time-share unit that will continue does not violate applicable law or the project instrument.    (c)    (1)    In addition to the implied warranties set forth in Section 10-203 of this article, there is an implied warranty from the developer to the association that the developer will correct any defect in material or workmanship in the common elements, including the roof, foundation, external and bearing walls, mechanical, electrical, and plumbing systems, and other structural elements of the common elements, and that the common elements are within acceptable industry standards in effect when such common elements were constructed.        (2)    The warranty of this subsection commences when a given common element is completed or when it is made available to a time-share purchaser, whichever shall later occur, and shall continue for a period of 3 years.    (d)    (1)    A suit for enforcement of a warranty may be brought by a time-share owner or by the association. If any warranty is breached, the court may award legal or equitable relief, or both.        (2)    Notice of a defect shall be given within the warranty period and suit for enforcement shall be brought within 1 year of the end of the warranty period.        (3)    (i)    Except as provided in subparagraph (ii), a cause of action for breach of warranty, regardless of the purchaser’s lack of knowledge of the breach, accrues, unless extended by agreement:                1.    As to a unit, 6 months after the time the unit is first occupied by a purchaser; and                2.    As to other improvements, at the time each is completed.            (ii)    If a warranty explicitly extends to future performance or duration of any improvement or component of the time-share project, the cause of action accrues at the time the breach is discovered or at the end of the period for which the warranty explicitly extends, whichever is earlier.    (e)    Warranties shall not apply to any defects caused through abuse or failure to perform maintenance by a time-share owner, the association, or managing entity, if other than the developer.