reglab/housing_qa huggingface dataset:
MD. Real Property Code Ann. §  11A-118 (2021)
2021 Maryland Statutes|Real Property|Title 11A - Maryland Real Estate Time-Sharing Act|Section 11A-118 - Sales Contract

    (a)    A developer shall furnish each purchaser a copy of the sales contract which contains the following information:        (1)    The date the contract is executed by each party;        (2)    The name and address of the developer;        (3)    The total financial obligation of the purchaser, including the initial purchase price and any additional charges, time-share expenses, or facility fees;        (4)    A description of the time-share period being sold, including whether any interest in real property is being conveyed and the number of years constituting the term of the time-share plan;        (5)    The estimated date of completion of construction of each unit or common element which is not completed at the time the sales contract is executed; and        (6)    Immediately before the space for the signature of the purchaser, in conspicuous type, subject to the provisions of § 11A-114(a)(3), the following statements are to be inserted:    “You may cancel this contract without any penalty or obligation within 10 days from the date of this contract, or until 10 days after you receive the public offering statement, or the time-share unit meets all building requirements and is ready for occupancy, whichever last occurs.    If you decide to cancel this contract, you must notify the developer in writing, in which case, your notice of cancellation shall be effective on the date sent provided it is actually received by the developer and shall be sent to (name of developer) at (address of developer).    Any attempt to obtain a waiver of your cancellation rights is unlawful. While you may execute all documents in advance, the closing, as evidenced by delivery of the deed or other document, before expiration of your 10 day cancellation period, is prohibited.”    (b)    If a time-share license is being conveyed, the contract shall also contain, in conspicuous type, the following statement:    “You may also cancel this contract, at any time after the accommodations or facilities at the time-share project are no longer available as provided in this contract and the public offering statement.”    (c)    A statement that, in the event of cancellation of the contract within the 10-day period, a refund shall be made within 20 business days after receipt of notice of cancellation, or within 5 days after receipt of funds from the purchaser’s cleared check, whichever is later.
MD. Real Property Code Ann. §  11A-122 (2021)
2021 Maryland Statutes|Real Property|Title 11A - Maryland Real Estate Time-Sharing Act|Section 11A-122 - Powers of Commission

    (a)    The Commission may issue regulations and orders consistent with this title.    (b)    The Commission may bring suit in the appropriate court to enforce this title and may intervene in any action involving a registered developer.    (c)    The Commission may accept grants in aid from any governmental source and may contract with agencies charged with similar functions in furtherance of the objectives of this title.    (d)    The Commission may cooperate with agencies performing similar functions to develop uniform filing procedures and forms, disclosure standards, and administrative practices.    (e)    If the Commission determines, after notice and hearing, that any person has disseminated or caused to be disseminated any false or misleading promotional materials in connection with a time-share, or that any person has otherwise violated any provision of this title or the Commission’s regulations or orders, the Commission may issue an order to cease and desist from that conduct, to comply with the provisions of this title and the Commission’s regulations and orders, or to take affirmative action to correct conditions resulting from that conduct or failure to comply.    (f)    (1)    The Commission may initiate investigations to determine whether any representation in any document or information filed with the Commission is false or misleading or whether any person has engaged, is engaging, or is about to engage in any unlawful act or practice.        (2)    In the course of any investigation or hearing, the Commission may subpoena witnesses and documents, administer oaths and affirmations, and adduce evidence. If a person fails to comply with a subpoena or to answer questions propounded during the investigation or hearing, the Commission may apply to an appropriate court to secure compliance.    (g)    (1)    If the applicant or developer fails to demonstrate financial solvency, the Commission may deny an application for a certificate of registration or revoke a certificate of registration already granted.        (2)    The Commission may adopt regulations under paragraph (1) of this subsection requiring an applicant or developer to:            (i)    Provide information;            (ii)    Grant access to records; and            (iii)    Otherwise demonstrate financial solvency.
MD. Real Property Code Ann. §  11A-123 (2021)
2021 Maryland Statutes|Real Property|Title 11A - Maryland Real Estate Time-Sharing Act|Section 11A-123 - Persons Not Required to Register

    Persons engaged in the following transactions involving time–shares are not required to register with the Commission, to prepare a public offering statement, or to deliver documents described in § 11A–115 of this title:        (1)    A gratuitous disposition;        (2)    A disposition pursuant to court order;        (3)    A disposition by a government or governmental agency;        (4)    A disposition by foreclosure or deed in lieu of foreclosure or by enforcement of a lien or security interest;        (5)    A disposition that may be canceled at any time and for any reason by the purchaser without penalty;        (6)    A disposition of a time–share in a unit situated wholly outside this State pursuant to a contract executed and negotiated wholly outside this State; or        (7)    A disposition of a time–share project or all time–shares therein to one purchaser.
MD. Real Property Code Ann. §  11A-124 (2021)
2021 Maryland Statutes|Real Property|Title 11A - Maryland Real Estate Time-Sharing Act|Section 11A-124 - Project Brokers

    (a)    It is unlawful for any developer to sell or offer to sell a time-share in this State unless the developer has designated a person as the project broker for the time-share project. The time-share project shall be considered a separate real estate office for purposes of the real estate licensing laws of this State.    (b)    It is unlawful for any person to act as project broker for a time-share project unless such person is a licensed real estate broker.    (c)    It is unlawful for any person to sell, advertise, or offer for sale any time-share unless such person is a licensed real estate broker, associate real estate broker, or real estate salesperson, or is exempt from licensure under the Maryland Real Estate Brokers Act.    (d)    Notwithstanding subsection (c) of this section, any person who is not a licensed real estate broker, associate real estate broker, or real estate salesperson may be employed by the developer or project broker to contact but not solicit, in person or by telephone, any person to attend any sales presentation concerning a time-share project, provided however, that the person so employed:        (1)    Performs only clerical tasks;        (2)    Merely arranges appointments induced by others; or        (3)    Only prepares or distributes promotional materials.
MD. Real Property Code Ann. §  11A-125 (2021)
2021 Maryland Statutes|Real Property|Title 11A - Maryland Real Estate Time-Sharing Act|Section 11A-125 - Remedies

    (a)    Remedies provided by this title shall be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed. However, consequential, special, or punitive damages may not be awarded except as specifically provided in this title or by other rule of law.    (b)    A court, upon finding as a matter of law that a sales contract or a clause in a contract was unconscionable at the time the contract was made, may refuse to enforce the entire contract or refuse to enforce the remainder of the contract without such unconscionable clause or limit the application of any unconscionable clause in order to avoid an unconscionable result.    (c)    If a developer or any other person fails to comply with any provision of this title or the time-share instrument, any person adversely affected by the failure to comply has a claim for appropriate relief. Punitive damages may be awarded for the willful and wanton failure to comply with this title. The court may also award reasonable attorney’s fees to the prevailing party.    (d)    Any purported conveyance, encumbrance, judicial sale, foreclosure sale, or other voluntary or involuntary transfer of a time-share made without the use period which is part of that time-share is void.    (e)    Penalties and remedies provided in this title are in addition to penalties and remedies available under any other law.    (f)    If any provision of this title or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect the other provisions or applications of this title which can be given effect without the invalid provisions or application, and to this end the provisions of this title are severable.
MD. Real Property Code Ann. §  11A-126 (2021)
2021 Maryland Statutes|Real Property|Title 11A - Maryland Real Estate Time-Sharing Act|Section 11A-126 - Statutory Conflict

    In the event of any conflict between this title and Title 11 of this article, the provisions of this title shall prevail, but this title does not invalidate or otherwise affect rights or obligations vested under Title 11 of this article before January 1, 1985, or prior to the recording of a time-share instrument.
MD. Real Property Code Ann. §  11A-127 (2021)
2021 Maryland Statutes|Real Property|Title 11A - Maryland Real Estate Time-Sharing Act|Section 11A-127 - Application

    (a)    This title applies to all time–share projects in the State except to the extent of any inconsistent right or obligation under a preexisting project instrument, document transferring an interest in real estate, or contract.    (b)    The project instrument of any time–share project in existence before January 1, 1985, may be amended in accordance with this title. If an amendment grants to any person any rights, powers, or privileges permitted by this title, all correlative obligations, liabilities, and restrictions shall also apply to that person.    (c)    (1)    The requirements of §§ 11A–102, 11A–103, 11A–104, 11A–105, 11A–106, 11A–107, 11A–108, 11A–109, 11A–110, 11A–111, 11A–115, and 11A–117 of this title apply only to projects located in this State.        (2)    The requirements of §§ 11A–112, 11A–113, 11A–114, 11A–116, 11A–118, 11A–119, 11A–120, 11A–121, 11A–122, 11A–124, and 11A–125 of this title apply to any developer required to register under this title with the Commission, whether or not the project is located in this State.    (d)    Except for the developer of the project or an employee, officer, agent, or assign of the developer of the project where the time–shares are located, a person engaged in the business of selling time–shares owned by that person is required to comply with §§ 11A–115, 11A–116, 11A–119, 11A–121, 11A–122, 11A–124, and 11A–125 of this title, but is not required to comply with § 11A–112 of this title.
MD. Real Property Code Ann. §  11A-128 (2021)
2021 Maryland Statutes|Real Property|Title 11A - Maryland Real Estate Time-Sharing Act|Section 11A-128 - Books and Records; Meetings

    (a)    The association, or developer during the developer control period, shall keep books and records in accordance with generally accepted accounting principles.    (b)    (1)    On the request of the owners of at least 5 percent of the time-shares, the association, or developer during the developer control period, shall cause an audit of the books and records to be made by an independent certified public accountant at common expense.        (2)    An audit may not be required more than once in any consecutive 12-month period.    (c)    Every record of the association kept by the association, or by the developer during the developer control period, shall be available at some place designated by the association or developer within the county where the time-share is located for inspection and copying by any time-share owner, the owner’s mortgagee, or their duly authorized agents or attorneys, during normal business hours, and after reasonable notice.    (d)    A meeting of the board of directors or governing body of the association 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;        (4)    Consultation with staff personnel, consultants, attorneys, or other persons in connection with pending or potential litigation;        (5)    Investigative proceedings concerning possible or actual criminal misconduct;        (6)    Complying with a specific constitutional, statutory, or judicially imposed requirement protecting particular proceedings or matters from public disclosure; or        (7)    On an individually recorded affirmative vote of two-thirds of the board members present, for some other exceptional reason so compelling as to override the general public policy in favor of open meetings.    (e)    If a meeting is held in closed session under subsection (d) of this section:        (1)    An action may not be taken and a matter may not be discussed if it is not permitted by subsection (d) 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. §  11A-129 (2021)
2021 Maryland Statutes|Real Property|Title 11A - Maryland Real Estate Time-Sharing Act|Section 11A-129 - Short Title

    This title may be cited as the “Maryland Real Estate Time-Sharing Act”.
MD. Real Property Code Ann. §  11B-102 (2021)
2021 Maryland Statutes|Real Property|Title 11B - Maryland Homeowners Association Act|Section 11B-102 - Applicability of Title and 11b-105 Through 11b-108 and 11b-110

    (a)    Except as expressly provided in this title, the provisions of this title apply to all homeowners associations that exist in the State after July 1, 1987.    (b)    The provisions of §§ 11B-105 and 11B-108 of this title do not apply to the initial sale of lots within the development to members of the public if on July 1, 1987:        (1)    More than 50 percent of the lots included within or to be included within the development have been sold under a bona fide arm’s length contract to members of the public who intend to occupy or rent the lots for residential purposes; and        (2)    Less than 100 lots included within or to be included within the development have not been sold under a bona fide arm’s length contract to members of the public who intend to occupy or rent the lots for residential purposes.    (c)    The provisions of § 11B-110 of this title do not apply to common area improvements substantially completed before July 1, 1987.    (d)    The provisions of § 11B-105 of this title do not apply to developments containing 12 or fewer lots or in which 12 or fewer lots remain to be sold as of July 1, 1987.    (e)    Except as provided in § 11B-101(f) of this title, this title does not apply to any property which is:        (1)    Part of a condominium regime governed by Title 11 of this article;        (2)    Part of a cooperative housing corporation; or        (3)    To be occupied and used for nonresidential purposes.    (f)    For any contract for the sale of a lot that is entered into before July 1, 1987, the provisions of §§ 11B-105, 11B-106, 11B-107, and 11B-108 of this title do not apply.
MD. Real Property Code Ann. §  11B-103 (2021)
2021 Maryland Statutes|Real Property|Title 11B - Maryland Homeowners Association Act|Section 11B-103 - Variance of Title's Provisions and Waiver of Rights Conferred Thereby, and Evasion of Title's Requirements, Limitations, or Prohibitions Prohibited

    Except as expressly provided in this title, the provisions of this title may not be varied by agreement, and rights conferred by this title may not be waived. A declarant or vendor may not act under a power of attorney or use any other device to evade the requirements, limitations, or prohibitions of this title.
MD. Real Property Code Ann. §  11B-104 (2021)
2021 Maryland Statutes|Real Property|Title 11B - Maryland Homeowners Association Act|Section 11B-104 - Building Code or Zoning Laws, Ordinances, and Regulations to Be Given Full Force and Effect; Local Laws, Ordinances, or Regulations; Alternative Dispute Resolution

    (a)    The provisions of all laws, ordinances, and regulations concerning building codes or zoning shall have full force and effect to the extent that they apply to a development and shall be construed and applied with reference to the overall nature and use of the property without regard to whether the property is part of a development.    (b)    A local government may not enact any law, ordinance, or regulation which would:        (1)    Impose a burden or restriction on property which is part of a development because it is part of a development;        (2)    Require that additional disclosures relating to the development be made to purchasers of lots within the development, other than the disclosures required by § 11B-105, § 11B-106, or § 11B-107 of this title;        (3)    Provide that the disclosures required by § 11B-105, § 11B-106, or § 11B-107 of this title be registered or otherwise subject to the approval of any governmental agency;        (4)    Provide that additional cancellation rights be provided to purchasers, other than the cancellation rights under § 11B-108(b) and (c) of this title;        (5)    Create additional implied warranties or require additional express warranties on improvements to common areas other than those warranties described in § 11B-110 of this title; or        (6)    Expand the open meeting requirements of § 11B-111 of this title or open record requirements of § 11B-112 of this title.    (c)    (1)    In this subsection, “governing document” has the meaning stated in § 11B–116(a) of this subtitle.        (2)    Subject to the provisions of this title, a code home rule county located in the Southern Maryland class, as identified in § 9–302 of the Local Government Article, may establish a homeowners association commission with the authority to hear and resolve disputes between a homeowners association and a homeowner regarding the enforcement of the governing documents of the homeowners association by providing alternative dispute resolution services, including binding arbitration.
MD. Real Property Code Ann. §  11B-106.2 (2021)
2021 Maryland Statutes|Real Property|Title 11B - Maryland Homeowners Association Act|Section 11B-106.2 - Sale of Common Elements

    (a)    Notwithstanding any bylaw, provision of a declaration, rule, or other provision of law, the governing body of a homeowners association or, if control of the governing body has not yet transitioned to the lot owners, the declarant shall give notice in accordance with subsection (b) of this section no less than 30 days before the sale, including a tax sale, of any common area located on property that has been transferred to the homeowners association.    (b)    The notice requirement under subsection (a) of this section shall be satisfied by:        (1)    Providing written notice about the sale to each lot owner; or        (2)    (i)    Posting a sign about the sale on the property to be sold, in a manner similar to signage required for a zoning modification; and            (ii)    If the homeowners association has a Web site, providing notice about the sale on the home page of the Web site of the homeowners association.
MD. Real Property Code Ann. §  11B-107 (2021)
2021 Maryland Statutes|Real Property|Title 11B - Maryland Homeowners Association Act|Section 11B-107 - Initial Sale of Lot Not Intended to Be Occupied or Rented for Residential Purposes

    (a)    A contract for the initial sale of a lot in a development of any size to a person who does not intend to occupy or rent the lot for residential purposes is not enforceable by the vendor unless:        (1)    The purchaser is given, at or before the time a contract is entered into between the vendor and the purchaser, or within 7 calendar days of entering into the contract, the disclosures set forth in subsection (b) of this section;        (2)    The purchaser is given notice of any change in mandatory fees and payments exceeding 10 percent of the amount previously stated to exist or any other substantial and material amendment to the disclosures after the same becomes known to the vendor; and        (3)    The purchaser is given at or before the time a contract is entered into between the vendor and the purchaser, a notice in a form substantially the same as the following:“NOTICE    The seller is required by law to furnish you at or before the time a contract is entered into, or within 7 calendar days of entering into the contract, all of the information listed in § 11B-107(b) of the Maryland Homeowners Association Act. The information is as follows: (The notice shall include at this point the text of § 11B-107(b) in its entirety).”    (b)    The vendor shall provide the purchaser the following information in writing:        (1)    The name, principal address, and telephone number of the vendor and of the declarant, if the declarant is not the vendor;        (2)    A description of:            (i)    The location and size of the development, including the minimum and maximum number of lots currently planned or permitted, if applicable, which may be contained within the development; and            (ii)    Any property owned by the declarant or the vendor contiguous to the development which is to be dedicated to public use; and        (3)    A copy of the bylaws and rules of the primary development, and of other related developments to the extent available, to which the purchaser shall become obligated on becoming an owner of the lot, including a statement that these obligations are enforceable against an owner and the owner’s tenants, if applicable.    (c)    In satisfying a vendor’s request for any information described under subsection (b) of this section, a homeowners association:        (1)    Shall be entitled to direct the vendor to obtain the information from the depository for all disclosures contained in the depository after June 30, 1989; and        (2)    May not be required to supply a vendor with any information which is contained in the depository.    (d)    The provisions of this section do not apply to a sale of a lot in an action to foreclose a mortgage or deed of trust.