reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Maryland Statutes › Real Property › Title 11B - Maryland Homeowners Association Act › Section 11B-108 - Cancellation of Contract

(a)    A person who enters into a contract as a purchaser but who has not received all of the disclosures required by § 11B–105, § 11B–106, or § 11B–107 of this title, as applicable, shall, prior to settlement, be entitled to cancel the contract and to the immediate return of deposits made on account of the contract.
(b)    (1)    Any purchaser who has not received all of the disclosures required under § 11B–105 or § 11B–106 of this title, as applicable, 5 calendar days or more before the contract was entered into, within 5 calendar days following receipt by the purchaser of the disclosures required by § 11B–105(a) and (b) or § 11B–106(a) and (b) of this title, as applicable, may cancel in writing the contract without stating a reason and without liability on the part of the purchaser.
(2)    The purchaser shall be entitled to the return of any deposits made on account of the contract, except that the vendor shall be entitled to retain the cost of reproducing the information specified in § 11B–105(b), § 11B–106(b), or § 11B–107(b) of this title, as applicable, or $100, whichever amount is less, if the disclosures are not returned to the vendor at the time the contract is canceled.
(c)    Any purchaser may within 3 calendar days following receipt by the purchaser of a 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 required by § 11B–105 or § 11B–106 of this title, as applicable, which adversely affects the purchaser, cancel in writing the contract without stating a reason and without liability on the part of the purchaser, and the purchaser shall be entitled to the return of deposits made on account of the contract.
(c–1)    If any deposits are held in trust by a licensed real estate broker, the return of the deposits to a purchaser under subsection (a), (b), or (c) of this section shall comply with the procedures set forth in § 17–505 of the Business Occupations and Professions Article.
(d)    The rights of a purchaser under this section may not be waived in the contract and any attempted waiver is void. However, if any purchaser proceeds to settlement, the purchaser’s right to cancel under this section is terminated.
(e)    In satisfying the requirements of subsection (b) of this section, the vendor shall be entitled to rely upon the disclosures contained in the depository after June 30, 1989.
(f)    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.
2023 Maryland Statutes › Real Property › Title 11B - Maryland Homeowners Association Act › Section 11B-109 - Untrue Statements or Omissions by Vendor

(a)    Any vendor, required under § 11B–105, § 11B–106, or § 11B–107 of this title to disclose information to a purchaser, who makes an untrue statement of a material fact, or who omits to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading, shall be liable for damages proximately caused by the untrue statement or omission to the person purchasing a lot from that vendor. However, an action may not be maintained to enforce a liability created under this section unless brought within one year after the facts constituting the cause of action have or should have been discovered.
(b)    A vendor may not be liable under subsection (a) of this section if the vendor had, after reasonable investigation, reasonable grounds to believe, and did believe, at the time the information required to be disclosed under § 11B–105, § 11B–106, or § 11B–107 of this title was provided to the purchaser, that the statements were true and that there was no omission to state a material fact necessary to make the statements not misleading.
(c)    The provisions of this section do not apply to trustees, mortgagees, assignees of mortgagees or other persons selling a lot in an action to foreclose a mortgage or deed of trust.
2023 Maryland Statutes › Real Property › Title 11B - Maryland Homeowners Association Act › Section 11B-110 - Warranties; Notice of Defect

(a)    (1)    In addition to the implied warranties on private dwelling units under § 10–203 of this article and the express warranties on private dwelling units under § 10–202 of this article, there shall be an implied warranty to the homeowners association that the improvements to common areas are:
(i)    Free from faulty materials;
(ii)    Constructed in accordance with sound engineering standards; and
(iii)    Constructed in a workmanlike manner.
(2)    (i)    Subject to the provisions of subparagraph (ii) of this paragraph, if the improvements to the common areas were constructed by the vendor, its agents, servants, employees, contractors, or subcontractors, then the warranty on improvements shall be from the vendor of the lots within the development.
(ii)    If the improvements to the common areas were constructed on the common areas prior to its conveyance to the homeowners association, then the warranty on improvements shall be from the grantor of the common areas.
(3)    (i)    The warranty on improvements to the common areas begins with the first transfer of title to a lot to a member of the public by the vendor of the lot.
(ii)    The warranty on improvements to common areas not completed at the first transfer of title to a lot shall begin with the completion of the improvement or with its availability for use by lot owners, whichever occurs later.
(iii)    The warranty extends for a period of 2 years from commencement under subparagraph (i) or (ii) of this paragraph or 2 years from the date on which the lot owners, other than the declarant and its affiliates, first elect a controlling majority of the members of the governing body of the homeowners association, whichever occurs later.
(4)    Suit for enforcement of the warranty on improvements to the common areas may be brought by either the homeowners association or by an individual lot owner.
(b)    Notice of a defect shall be given within the warranty period and suit for enforcement of the warranty shall be brought within one year of the expiration of the warranty period.
(c)    Warranties shall not apply to defects caused through abuse or failure to perform maintenance by a lot owner or the homeowners association.
2023 Maryland Statutes › Real Property › Title 11B - Maryland Homeowners Association Act › Section 11B-111.2 - Candidate or Proposition Sign

(a)    In this section, “candidate sign” means a sign on behalf of a candidate for public office or a slate of candidates for public office.
(b)    Except as provided in subsection (c) of this section, a recorded covenant or restriction, a provision in a declaration, or a provision in the bylaws or rules of a homeowners association may not restrict or prohibit the display of:
(1)    A candidate sign; or
(2)    A sign that advertises the support or defeat of any question submitted to the voters in accordance with the Election Law Article.
(c)    A recorded covenant or restriction, a provision in a declaration, or a provision in the bylaws or rules of a homeowners association may restrict the display of a candidate sign or a sign that advertises the support or defeat of any proposition:
(1)    In the common areas;
(2)    In accordance with provisions of federal, State, and local law; or
(3)    If a limitation to the time period during which signs may be displayed is not specified by a law of the jurisdiction in which the homeowners association is located, to a time period not less than:
(i)    30 days before the primary election, general election, or vote on the proposition; and
(ii)    7 days after the primary election, general election, or vote on the proposition.