reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Real Property › Title 10 - Sales of Property › Subtitle 6 - New Home Warranties › Section 10-606 - Duties of Plan; Revocation or Suspension of Approval

(a)    A new home warranty security plan shall:
(1)    Provide for the payment of claims against a builder for defects warranted under this subtitle;
(2)    Be operated by a corporation, partnership, or other legal entity authorized to do business in Maryland;
(3)    Demonstrate to the Division that the plan will maintain financial security to cover the total number of claims that the plan reasonably anticipates will be filed against participating builders;
(4)    File with the Division a surety bond or an irrevocable letter of credit from a federally insured financial institution in an amount set by the Division, but not less than $100,000, for the benefit of owners injured by the failure of the new home warranty security plan to pay claims as required under this subtitle;
(5)    Provide within the new home warranty documents the performance standards that describe the builder’s obligations for defects warranted under this subtitle;
(6)    Provide for the mediation of disputes between an owner and a builder before a claim will be paid by the builder’s new home warranty security plan; and
(7)    Meet any other requirements determined by the Division and be approved by the Division.
(b)    (1)    The Division may revoke or suspend approval for a new home warranty security plan if the Division determines that the plan:
(i)    Is unable to meet its obligations under a new home warranty; or
(ii)    Is administered in a manner that denies owners the warranty coverage required under this subtitle.
(2)    Except for new homes that were registered in the new home warranty security plan prior to the revocation or suspension and for which a purchase or construction contract has been executed, during the time period that approval for a new home warranty security plan is revoked or suspended by the Division, the new home warranty security plan may not provide warranty coverage for any new homes built in Maryland.
(c)    (1)    Unless the Division determines that a shorter notice period is needed to protect the interests of the builders and owners, the Division shall give a new home warranty security plan at least 90 days’ notice that the Division’s approval of the plan is being revoked or suspended.
(2)    A new home warranty security plan shall give to its participating builders at least 60 days’ notice of the plan’s revocation or suspension, or such shorter time as specified by the Division if the plan receives less than 90 days’ notice.
2023 Maryland Statutes › Real Property › Title 10 - Sales of Property › Subtitle 6 - New Home Warranties › Section 10-607 - Waiver by Owner

(a)    If in accordance with § 10–604(b)(3) of this subtitle an owner does not wish to require that the new home be covered by a new home warranty, the owner shall make an affirmative waiver of the coverage at the time of the purchase or construction contract.
(b)    Before an owner makes a waiver under this section, the owner must be informed in writing by the builder of the cost, nature, and extent of warranty coverage that would be provided under the builder’s new home warranty security plan if not waived by the owner.
(c)    An owner who has made an affirmative waiver under this section may rescind the waiver and request a new home warranty in accordance with the provisions of this subtitle within 3 working days from the date of the contract by providing the builder with written notice of the owner’s rescission of the waiver.
(d)    The waiver under this section shall be made on a form determined by the Division and shall contain a section in which an owner who has made a waiver may rescind the waiver pursuant to subsection (c) of this section.
(e)    The form shall clearly and concisely explain in 12 point boldface type on a separate piece of paper:
(1)    The cost, nature, and extent of warranty coverage that would be provided under the builder’s new home warranty security plan if not waived by the owner;
(2)    That the failure of the owner to make a waiver requires the builder to provide a new home warranty;
(3)    That a builder may not refuse to build a new home for the owner because the owner refuses to waive warranty coverage;
(4)    That the owner should be aware that builders of new homes in the State of Maryland are required to be registered with the Consumer Protection Division of the Office of the Attorney General;
(5)    Without a new home warranty or other express warranties, the owner may be afforded only certain limited implied warranties as are provided by law; and
(6)    That an owner who has made an affirmative waiver of the warranty coverage still may rescind the waiver and request a new home warranty in accordance with the provisions of this subtitle, within 3 working days from the date of the contract by providing the builder with written notice of the owner’s rescission of the waiver.
2023 Maryland Statutes › Real Property › Title 10 - Sales of Property › Subtitle 6 - New Home Warranties › Section 10-608 - Warranties Supplemental; Noncompliance as Unfair Trade Practice

(a)    Any warranties provided in accordance with the requirements of this subtitle are in addition to all other implied or express warranties provided by law or agreement.
(b)    In addition to any other penalty imposed by law, the failure to comply with the provisions of this subtitle or the knowing misrepresentation that a new home warranty exists is an unfair or deceptive trade practice, as defined in § 13–301 of the Commercial Law Article.
2023 Maryland Statutes › Real Property › Title 10 - Sales of Property › Subtitle 6 - New Home Warranties › Section 10-609 - Violation; Penalty

Any person that knowingly violates the provisions of this subtitle or knowingly misrepresents the existence of a new home warranty shall be subject to a fine not exceeding $50,000 or imprisonment for not more than 2 years or both in addition to any other penalties provided for in this subtitle.
2023 Maryland Statutes › Real Property › Title 10 - Sales of Property › Subtitle 6 - New Home Warranties › Section 10-610 - Applicability

This subtitle does not apply to new homes built, new home warranties offered, or new home warranty security plans operating in Montgomery County, except that it shall apply:
(1)    To any municipality in Montgomery County that has exempted itself from the application of Chapter 31C, New Home Warranty and Builder Licensing, of the Montgomery County Code; or
(2)    If Chapter 31C, New Home Warranty and Builder Licensing, of the Montgomery County Code is no longer in effect or is amended in such a manner that it becomes less stringent than the requirements of this subtitle.
2023 Maryland Statutes › Real Property › Title 10 - Sales of Property › Subtitle 7 - Contracts of Sale -- Miscellaneous Provisions › Section 10-701 - Notice in Contract of Sale of Property in Prince George's County Creating Subdivision

In Prince George’s County, a contract of sale of real property creating a subdivision for which a plat of subdivision has not been recorded, shall contain the following notice:
“The subdivision of land to be created by this transaction has not been approved by the Maryland–National Capital Park and Planning Commission, the Maryland Department of Health, or any other agency of the State or county. The approval of one or more of these agencies may be necessary before any building permit is issued.”
2023 Maryland Statutes › Real Property › Title 10 - Sales of Property › Subtitle 7 - Contracts of Sale -- Miscellaneous Provisions › Section 10-703 - Notice Pertaining to Land Use in Contract of Sale of Single Family Residence in Anne Arundel County

(a)    This section applies only to single family residential real property in Anne Arundel County improved by four or fewer single family units.
(b)    All contracts of sale for residential real property shall contain the following notice:
“The buyer fully understands that in order to become more fully informed of the current and future land–use plans, facility plans, public works plans, school plans, or other plans affecting the property or area, the buyer should consult the appropriate county agency or county Internet Web site for information regarding these plans.”
(c)    All local laws requiring disclosure to home buyers of information substantially similar to subsection (b) of this section prevail over the requirements of this section.
2023 Maryland Statutes › Real Property › Title 10 - Sales of Property › Subtitle 7 - Contracts of Sale -- Miscellaneous Provisions › Section 10-704 - Notice in Contract of Sale of Property Subject to Certain Taxes or Fees in Frederick County

(a)    In Frederick County, the vendor of a property that is subject to a tax or fee of a special taxing district as authorized in § 21–409 of the Local Government Article or by a community development authority as authorized in § 2–7–125(b) of the Public Local Laws of Frederick County may not enforce a contract for the sale of the property unless within 20 calendar days after entering into the contract, the purchaser of the property is provided the following information in writing:
(1)    In conspicuous, bold, and underscored type, substantially the same as the following clause:
“This sale is subject to a tax or fee of a (special taxing district or community development authority). State law requires that the seller disclose to you at or before the time the contract is entered into, or within 20 calendar days after entering into the contract, certain information concerning the property you are purchasing. The content of the information to be disclosed is set forth in § 10–704 of the Real Property Article of the Maryland Annotated Code and includes the amount of the current annual tax or fee of the (special taxing district or community development authority) for the property, the number of years remaining for the tax or fee of the (special taxing district or community development authority), and a statement of whether any tax or fee of the (special taxing district or community development authority) against the property is delinquent.”;
(2)    The amount of the current annual tax or fee of the special taxing district or community development authority for the property;
(3)    The number of years remaining for the tax or fee of the special taxing district or community development authority on the property; and
(4)    Whether any tax or fee of the special taxing district or community development authority against the property is delinquent.
(b)    The requirements of subsection (a) of this section shall be deemed fulfilled if the information required to be provided to the purchaser is done so in writing, in a clear and concise manner.
(c)    The statement required under subsection (a)(1) of this section may be provided to the purchaser by the inclusion of the statement as a clause in the contract for sale of the property.
2023 Maryland Statutes › Real Property › Title 10 - Sales of Property › Subtitle 7 - Contracts of Sale -- Miscellaneous Provisions › Section 10-708 - Transfer Fees Prohibited

(a)    In this section, “transfer fee” means a charge payable on the transfer of an interest in real property or payable for the right to accept a transfer of an interest in real property.
(b)    This section does not apply to:
(1)    An instrument conveying a fee simple interest in real property that provides for consideration paid by the purchaser to the vendor for the interest being transferred;
(2)    The payment of principal, interest, or fees under a mortgage loan agreement on the sale of property by the mortgagee;
(3)    A limited liability company, limited liability partnership, corporation, joint venture, or partnership agreement in which a member, shareholder, or partner contributes real property to the limited liability company, limited liability partnership, corporation, joint venture, or partnership agreement;
(4)    An agreement providing for a series of related transfers of a fee simple interest in real property if the agreement states the price of the transferred interest, any consideration exchanged, the name of the vendor, the name of the purchaser, and any other essential terms for each transfer of interest;
(5)    An affordable housing covenant, servitude, easement, condition, or restriction in a deed, declaration, land sale contract, loan agreement, promissory note, trust deed, mortgage, security agreement, or other instrument, including instruments executed by:
(i)    A public body;
(ii)    An agency of the federal government;
(iii)    A corporation whose purposes include providing affordable housing for low–income and moderate–income households;
(iv)    A limited liability company with at least one member that is a corporation described under item (iii) of this paragraph;
(v)    A consumer housing cooperative; or
(vi)    A federally recognized Indian tribe;
(6)    A fee required to be paid to:
(i)    A homeowners association as defined in § 11B–101 of this article;
(ii)    A council of unit owners as defined in § 11–101 of this article;
(iii)    A managing entity of a timeshare plan as defined in § 11A–101 of this article;
(iv)    Any other owners association that is governed by recorded covenants, conditions, and restrictions; or
(v)    An agent for an association or managing entity described in this paragraph; or
(7)    An agreement with a person licensed to provide real estate brokerage services under Title 17 of the Business Occupations and Professions Article to pay a commission to the licensee for the real estate brokerage services provided.
(c)    (1)    A person who conveys a fee simple interest in real property may not record a covenant against the title to the real property for the payment of a transfer fee.
(2)    A covenant that requires the payment of a transfer fee on the conveyance of a fee simple interest in real property is void.
2023 Maryland Statutes › Real Property › Title 10 - Sales of Property › Subtitle 7 - Contracts of Sale -- Miscellaneous Provisions › Section 10-709 - Notice of Appeal in Contract for Sale of Single Family Residential Real Property

(a)    A contract of sale for single family residential real property improved by four or fewer single family units shall contain notice of the right to appeal provided under § 14–502(a)(2) of the Tax – Property Article.
(b)    The notice required under subsection (a) of this section shall be in substantially the following form:
“If any real property is transferred after January 1 and before the beginning of the next taxable year to a new owner, the new owner may submit a written appeal as to a value or classification on or before 60 days after the date of the transfer.”
2023 Maryland Statutes › Real Property › Title 10 - Sales of Property › Subtitle 7 - Contracts of Sale -- Miscellaneous Provisions › Section 10-710 - Community Amenities

(a)    In this section, “community amenity” includes:
(1)    A country club;
(2)    A golf course;
(3)    A health club;
(4)    A park;
(5)    A swimming pool;
(6)    A tennis court; and
(7)    A walking trail.
(b)    (1)    In Prince George’s County, a contract of sale for residential real property that includes an agreement by the home builder to provide a community amenity shall include a disclosure statement that:
(i)    Identifies the community amenity provided in the contract of sale; and
(ii)    Specifies when the community amenity will be completed in accordance with a recreational facilities agreement recorded with the Prince George’s County Planning Department.
(2)    The disclosure statement required under paragraph (1) of this subsection shall be:
(i)    Dated and signed by the purchaser and the home builder; and
(ii)    Included in or attached to the contract of sale.
(3)    A purchaser who does not receive the disclosure statement required under paragraph (1) of this subsection on or before entering into the contract of sale has an unconditional right, on written notice to the home builder, to rescind the contract of sale at any time:
(i)    Before the receipt of the disclosure statement; or
(ii)    Within 5 days after receipt of the disclosure statement.
(c)    Any advertising for the sale of residential real property in a community development in Prince George’s County that will include a community amenity shall include disclosure of the requirements under this section.
(d)    In Prince George’s County, a home builder that does not make the community amenity available as provided in the contract of sale may be liable for breach of contract.
(e)    In Prince George’s County, a home builder shall make a copy of any recreational facilities agreement recorded with the Prince George’s County Planning Department available to prospective purchasers in the sales or management office of the community development.
(f)    In Prince George’s County, a home builder shall display the following information in the sales or management office of the community development in a location visible to prospective purchasers:
(1)    The amenities listed in any recreational facilities agreement recorded with the Prince George’s County Planning Department;
(2)    A detailed site plan and the building permit number of each amenity listed in the recreational facilities agreement; and
(3)    The expected completion dates of each amenity as stated in the recreational facilities agreement.
2023 Maryland Statutes › Real Property › Title 10 - Sales of Property › Subtitle 7 - Contracts of Sale -- Miscellaneous Provisions › Section 10-711 - Buyer Contract Notices on Zones of Dewatering Influence -- Not Grounds for Contract Rescission When Supplied Prior to Sale

(a)    In this section, “zone of dewatering influence” means the area around a surface mine in karst terrain designated by the Department of the Environment under § 15–813 of the Environment Article.
(b)    This section applies only to the sale of a property located within Baltimore County, Carroll County, Frederick County, and Washington County.
(c)    A contract for the sale of real property shall include, in conspicuous, bold, and underscored type, the following buyer notice in the contract:
“Notice on Zones of Dewatering Influence
A purchaser of real property located in Baltimore County, Carroll County, Frederick County, or Washington County is advised to contact the Maryland Department of the Environment to determine whether the real property for purchase is located within a zone of dewatering influence. Maryland Law provides certain remedies for property impacted by dewatering.”.
(d)    (1)    A purchaser that receives the notice required under subsection (c) of this section on or before entering into a contract of sale does not have the right to rescind the contract of sale based on the information received from the vendor under subsection (c) of this section.
(2)    (i)    A purchaser that does not receive the notice required under subsection (c) of this section on or before entering into a contract of sale, on written notice to the vendor or the vendor’s agent:
1.    Has the unconditional right to rescind the contract at any time before, or within 5 days after, receipt of the notice required under subsection (c) of this section; and
2.    Is entitled to the immediate return of any deposits made in accordance with the contract.
(ii)    The return of any deposits held in trust by a licensed real estate broker to a purchaser under subparagraph (i)2 of this paragraph shall comply with the procedures set forth in § 17–505 of the Business Occupations and Professions Article.
2023 Maryland Statutes › Real Property › Title 10 - Sales of Property › Subtitle 7 - Contracts of Sale -- Miscellaneous Provisions › Section 10-712 - Notice Requirement for Contract of Sale for Single-Family Residential Real Property in Montgomery County

(a)    A contract of sale for single–family residential real property in Montgomery County shall include a notice that school boundaries designated for the property may be subject to change.
(b)    A contract subject to the requirements of subsection (a) of this section may not be voided solely because:
(1)    The notice required under subsection (a) of this section is not included in the contract; or
(2)    The buyer does not initial the notice required under subsection (a) of this section.
2023 Maryland Statutes › Real Property › Title 10 - Sales of Property › Subtitle 8 - Miscellaneous Provisions › Section 10-801 - Minimum Visitability Features

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Home builder” means a person that undertakes to erect or otherwise construct a new home.
(3)    “Minimum visitability features” means:
(i)    A ground level entrance:
1.    That has a width of 36 or more inches;
2.    That is accessible from the outside of the new home or an attached garage; and
3.    In which the threshold of the entrance is no more than 1.5 inches higher than the interior floor and the exterior landing; and
(ii)    A circulation route from the ground level entrance to an unattached garage, parking space, or public right–of–way that is free of any curbs, steps, landings, obstacles, or other vertical changes in level that are more than 1.5 inches.
(4)    (i)    “New home” means a newly constructed single–family dwelling unit.
(ii)    “New home” does not include:
1.    A custom home as defined in § 10–501 of this title; or
2.    A mobile home as defined in § 8A–101 of this article.
(b)    This section does not apply to:
(1)    A new home that is located above another new home;
(2)    An attached new home;
(3)    A new home:
(i)    That does not have a garage; and
(ii)    In which the slope between the finished ground level at all unit entrances to the nearest point along a property line that borders a public right–of–way is greater than 10%; or
(4)    A new home in which compliance with the design flood elevation restrictions will cause:
(i)    The finished floor to be more than 30 inches above the finished ground level at all unit entrances; or
(ii)    The slope between the finished floor at all unit entrances to the nearest point along a property line that borders a public right–of–way to be greater than 10%.
(c)    This section applies only to a home builder that constructs 11 or more new homes in a subdivision that contains 11 or more new homes.
(d)    (1)    Subject to paragraph (2) of this subsection, at the time of offering new homes in a subdivision for sale, a home builder shall offer minimum visitability features as an option for purchase.
(2)    The offer of minimum visitability features shall be accompanied by:
(i)    A point of sale document that describes the minimum visitability features; and
(ii)    A generic drawing or photograph that shows the minimum visitability features and the lots and new home types that are conducive to the minimum visitability features that could be constructed.
2023 Maryland Statutes › Real Property › Title 10 - Sales of Property › Subtitle 8 - Miscellaneous Provisions › Section 10-802 - Trust Money in Escrow for Residential Real Estate Transaction

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Escrow agent” means a person engaged in the business of residential real estate settlements who receives trust money.
(3)    “Residential real estate” means:
(i)    Real property improved by four or fewer single–family dwelling units that are designed principally and are intended for human habitation; and
(ii)    Unimproved real property zoned for residential use by the local zoning authority of the county or municipality in which the real property is located.
(4)    “Trust money” means a deposit made by a purchaser in connection with a residential real estate sales transaction that the purchaser delivers to an escrow agent to hold for the benefit of the purchaser and the seller.
(b)    This section does not apply to:
(1)    Banks, trust companies, savings and loan associations, savings banks, or credit unions;
(2)    A homebuilder registered under Title 4.5 of the Business Regulation Article who is engaged in the initial sale of residential real estate; or
(3)    A real estate salesperson, associate real estate broker, or real estate broker licensed under Title 17 of the Business Occupations and Professions Article.
(c)    When an escrow agent agrees to hold trust money, the escrow agent shall enter into a written agreement with the purchaser and seller of the residential real estate that contains the following information:
(1)    The amount of the trust money delivered to the escrow agent;
(2)    The date the trust money was delivered to the escrow agent;
(3)    The responsibility of the escrow agent to notify the purchaser and seller of trust money returned due to dishonored funds;
(4)    The conditions under which the escrow agent may release the trust money; and
(5)    The process to address disputes over the release of the trust money.
(d)    Nothing in this section may be construed to prohibit an escrow agent from transferring trust money to another escrow agent if the purchaser of the residential real estate for which the trust money is held chooses the escrow agent to whom the trust money is transferred.
2023 Maryland Statutes › Real Property › Title 11 - Maryland Condominium Act › Section 11-102 - Establishment of Condominium Regime

(a)    (1)    The fee simple owner or lessee under a lease that exceeds 60 years of any property in the State may subject the property to a condominium regime by recording among the land records of the county where the property is located, a declaration, bylaws, and condominium plat that comply with the requirements specified in this title.
(2)    (i)    Notwithstanding the provisions of paragraph (1) of this subsection, a leasehold estate may not be subjected to a condominium regime if it is used for residential purposes unless the State, a county that has adopted charter home rule under Article XI-A of the Maryland Constitution, a municipal corporation, or, subject to the provisions of subparagraph (ii) of this paragraph, the Washington Metropolitan Area Transit Authority is the owner of the reversionary fee simple estate.
(ii)    The Washington Metropolitan Area Transit Authority may establish a leasehold estate for a condominium regime that is used for residential purposes under subparagraph (i) of this paragraph if, when the initial term of the lease expires, there is a provision in the lease that allows the lessee to automatically renew the lease for another term.
(3)    Notwithstanding paragraph (2) of this subsection or any declaration, rule, or bylaw, a developer or any other person may not be prohibited from granting a leasehold estate in an individual unit used for residential purposes.
(b)    If any property lying partly in one county and partly in any other county is subjected to a condominium regime, the declaration, bylaws, and condominium plat shall be recorded in all counties where any portion of the property is located. Subsequent instruments affecting the title to a unit which is physically located entirely within a single county shall be recorded only in that county, notwithstanding the fact that the common elements are not physically located entirely within that county.
(c)    All instruments affecting title to units shall be recorded and taxed as in other real property transactions. However, no State or local tax may be imposed by reason of the execution or recordation of the declaration, bylaws, condominium plat, or any statement of condominium lien recorded pursuant to the provisions of § 11-110 of this title.
(d)    The declaration, bylaws, and condominium plat shall be indexed in the grantor index under the name of the developer and under the name of the condominium. Subsequent amendments shall be indexed under the name of the condominium.
2023 Maryland Statutes › Real Property › Title 11 - Maryland Condominium Act › Section 11-102.2 - Termination of Leases

(a)    In this section, “terminate” means:
(1)    A giving of notice terminating a periodic tenancy of a dwelling within a residential rental facility; or
(2)    The failure to renew or continue an existing lease for a dwelling in a residential rental facility upon its expiration.
(b)    The owner of a residential facility may not terminate the lease of any tenant occupying any portion of the owner’s residential facility in order to avoid such owner’s obligation to give the tenant the notice required under § 11-102.1 of this title.
(c)    The application for registration for a residential rental facility under § 11–127 of this title shall include, to the extent reasonably available, a list of all tenants whose leases were terminated during the 180–day period prior to the filing of the application for registration.
(d)    After an agency hearing, if the Secretary of State determines that an owner has violated subsection (b) of this section within 180 days prior to filing an application for registration, the Secretary of State shall reject the application for registration filed by the owner.
(e)    After a public offering statement has been registered, if the Secretary of State determines that an owner has violated subsection (b) of this section during the 12-month period prior to the time units are offered for sale, the Secretary of State shall revoke the registration.
(f)    In determining whether an owner has violated subsection (b) of this section, the Secretary of State shall consider:
(1)    (i)    Whether the termination was due to the nonpayment of rent;
(ii)    Whether the termination was due to a breach of the lease; or
(iii)    Whether the owner intended at the time of termination to convert the residential facility to a condominium; and
(2)    Any other factors as the Secretary of State deems appropriate.
(g)    If an application for registration is rejected by the Secretary of State pursuant to subsection (d) of this section, or if a registration is revoked by the Secretary of State pursuant to subsection (e) of this section, the Secretary of State may not accept the application or reinstate the registration unless and until the owner has tendered to every tenant whose lease was terminated in violation of subsection (a) of this section an award for reasonable expenses.
2023 Maryland Statutes › Real Property › Title 11 - Maryland Condominium Act › Section 11-103.1 - Corrective Amendments

(a)    Unless the declaration or bylaws provide otherwise and subject to subsections (b) and (c) of this section, the council of unit owners or the board of directors may execute and record an amendment to the declaration, bylaws, or plat, to correct:
(1)    A typographical error or other error in the percentage interests or number of votes appurtenant to any unit;
(2)    A typographical error or other incorrect reference to another prior recorded document; or
(3)    A typographical error or other incorrect unit designation or assignment of limited common elements if the affected unit owners and their mortgagees consent in writing to the amendment, and the consent documents are recorded with the amendment.
(b)    If a council of unit owners or board of directors executes and records an amendment under subsection (a) of this section, the council or board shall also record with the amendment:
(1)    During the time that the developer has an interest:
(i)    The consent of the developer; or
(ii)    An affidavit by the council or board that any developer who has an interest in the condominium has been provided a copy of the amendment and a notice that the developer may object in writing to the amendment within 30 days of receipt of the amendment and notice, that 30 days have passed since delivery of the amendment and notice, and that the developer has made no written objection; and
(2)    An affidavit by the council or board that at least 30 days before recordation of the amendment a copy of the amendment was sent by first–class mail to each unit owner at the last address on record with the council of unit owners.
(c)    An amendment under this section is entitled to be recorded and is effective upon recordation if accompanied by the supporting documents required by this section.
2023 Maryland Statutes › Real Property › Title 11 - Maryland Condominium Act › Section 11-106 - Status and Description of Units

(a)    Each unit in a condominium has all of the incidents of real property.
(b)    A description in any deed or other instrument affecting title to any unit which makes reference to the letter or number or other appropriate designation on the condominium plat together with a reference to the plat shall be a good and sufficient description for all purposes.
2023 Maryland Statutes › Real Property › Title 11 - Maryland Condominium Act › Section 11-107 - Percentage Interests

(a)    Each unit owner shall own an undivided percentage interest in the common elements equal to that set forth in the declaration. Except as specifically provided in this title, the common elements shall remain undivided. Except as provided in this title, no unit owner, nor any other person, may bring a suit for partition of the common elements, and any covenant or provision in any declaration, bylaws, or other instrument to the contrary is void.
(b)    Each unit owner shall have a percentage interest in the common expenses and common profits equal to that set forth in the declaration.
(c)    The percentage interest provided in subsections (a) and (b) of this section may be identical or may vary. The percentage interests shall have a permanent character and, except as specifically provided by this title, may not be changed without the written consent of all of the unit owners and their mortgagees. Any change shall be evidenced by an amendment to the declaration, recorded among the appropriate land records. The percentage interests may not be separated from the unit to which they appertain. Any instrument, matter, circumstance, action, occurrence, or proceeding in any manner affecting a unit also shall affect, in like manner, the percentage interests appurtenant to the unit.
(d)    (1)    Notwithstanding any other provision of this title, but subject to any provision in the declaration or bylaws, a unit owner may:
(i)    Grant by deed part of a unit and incorporate it as part of another unit if a portion of the percentage interests of the grantor is granted to the grantee and the grant is evidenced by an amendment to the declaration specifically describing the part granted, the percentage interests reallocated and the new percentage interest of the grantor and the grantee; and
(ii)    Subdivide his unit into 2 or more units if the original percentage interests and votes appurtenant to the original unit are allocated to the resulting units and the subdivision is evidenced by an amendment to the declaration describing the resulting units and the percentage interests and votes allocated to each unit.
(2)    When appropriate, a plat may be attached to the amendment. The transfer or subdivision may be made without the consent of all of the unit owners if the amendment to the declaration is executed by the unit owners and mortgagees of the units involved and by the council of unit owners or its authorized designee.
(3)    If the unit owner of 2 or more adjacent units or the unit owner of a unit and an adjacent part of another unit transferred in accordance with this subsection desires to consolidate them, the council of unit owners or its authorized designee may authorize the unit owner to remove all or part of any walls separating the units or portions of them if the removal does not violate any applicable statute or regulation.
2023 Maryland Statutes › Real Property › Title 11 - Maryland Condominium Act › Section 11-108 - Use of Common Elements

(a)    Subject to the provisions of subsection (c) of this section, the common elements may be used only for the purposes for which they were intended and, except as provided in the declaration, the common elements shall be subject to mutual rights of support, access, use, and enjoyment by all unit owners. However, subject to the provisions of subsection (b) of this section, any portion of the common elements designated as limited common elements shall be used only by the unit owner of the unit to which their use is limited in the declaration or condominium plat.
(b)    Any unit owner or any group of unit owners of units to which the use of any limited common element is exclusively restricted may grant by deed the exclusive use, or the joint use in common with one or more of the grantors, of the limited common elements to any one or more unit owners. A copy of the deed shall be furnished to the council of unit owners.
(c)    (1)    This subsection does not apply to any meetings of unit owners occurring at any time before the unit owners elect officers or a board of directors in accordance with § 11-109(c)(16) of this title.
(2)    Subject to reasonable rules adopted by the governing body under § 11-111 of this title, unit owners may meet for the purpose of considering and discussing the operation of and matters relating to the operation of the condominium in any common elements or in any building or facility in the common elements that the governing body of the condominium uses for scheduled meetings.
(d)    (1)    Notwithstanding any bylaw, provision of a condominium plat, rule, or other provision of law, the governing body of a condominium or, if control of the governing body has not yet transitioned to the unit owners, the developer shall give notice in accordance with paragraph (2) of this subsection no less than 30 days before the sale, including a tax sale, of any common element located on property that has been transferred to the condominium.
(2)    The notice requirement under paragraph (1) of this subsection shall be satisfied by:
(i)    Providing written notice about the sale to each unit owner; or
(ii)    1.    Posting a sign about the sale on the property to be sold, in a manner similar to signage required for a zoning modification; and
2.    If the condominium has a Web site, providing notice about the sale on the home page of the Web site of the condominium.
2023 Maryland Statutes › Real Property › Title 11 - Maryland Condominium Act › Section 11-108.1 - Responsibility for Maintenance, Repair, and Replacement

Except to the extent otherwise provided by the declaration or bylaws, and subject to § 11–114 of this title, the council of unit owners is responsible for maintenance, repair, and replacement of the common elements, and each unit owner is responsible for maintenance, repair, and replacement of his unit.
2023 Maryland Statutes › Real Property › Title 11 - Maryland Condominium Act › Section 11-109.1 - Closed Meetings of Board of Directors

(a)    A meeting of the board of directors may be held in closed session only for the following purposes:
(1)    Discussion of matters pertaining to employees and personnel;
(2)    Protection of the privacy or reputation of individuals in matters not related to the council of unit owners’ business;
(3)    Consultation with legal counsel on legal matters;
(4)    Consultation with staff personnel, consultants, attorneys, board members, or other persons in connection with pending or potential litigation or other legal matters;
(5)    Investigative proceedings concerning possible or actual criminal misconduct;
(6)    Consideration of the terms or conditions of a business transaction in the negotiation stage if the disclosure could adversely affect the economic interests of the council of unit owners;
(7)    Complying with a specific constitutional, statutory, or judicially imposed requirement protecting particular proceedings or matters from public disclosure; or
(8)    Discussion of individual owner assessment accounts.
(b)    If a meeting is held in closed session under subsection (a) of this section:
(1)    An action may not be taken and a matter may not be discussed if it is not permitted by subsection (a) of this section; and
(2)    A statement of the time, place, and purpose of any closed meeting, the record of the vote of each board member by which any meeting was closed, and the authority under this section for closing any meeting shall be included in the minutes of the next meeting of the board of directors.
(c)    Nothing in this section may be interpreted to authorize the board of directors to withhold or agree to withhold from the unit owners the terms of any legal agreement to which the council of unit owners is a party.
2023 Maryland Statutes › Real Property › Title 11 - Maryland Condominium Act › Section 11-109.2 - Annual Proposed Budget

(a)    The council of unit owners shall cause to be prepared and submitted to the unit owners an annual proposed budget at least 30 days before its adoption.
(b)    The annual budget shall provide for at least the following items:
(1)    Income;
(2)    Administration;
(3)    Maintenance;
(4)    Utilities;
(5)    General expenses;
(6)    Reserves; and
(7)    Capital items.
(c)    (1)    Subject to paragraph (2) of this subsection, the reserves provided for in the annual budget under subsection (b) of this section for a residential condominium shall be the funding amount recommended in the most recent reserve study completed under § 11–109.4 of this title.
(2)    If the most recent reserve study was an initial reserve study, the governing body shall, within 3 fiscal years following the fiscal year in which the initial reserve study was completed, attain the annual reserve funding level recommended in the initial reserve study.
(d)    (1)    The budget shall be adopted at an open meeting of the council of unit owners or any other body to which the council of unit owners delegates responsibilities for preparing and adopting the budget.
(2)    (i)    The council of unit owners or other governing body of unit owners shall submit the adopted annual budget to the unit owners not more than 30 days after the meeting at which the budget was adopted.
(ii)    The adopted annual budget may be submitted to each unit owner by electronic transmission, by posting on the condominium association’s home page, or by inclusion in the homeowners association’s newsletter.
(e)    Any expenditure made other than those made because of conditions which, if not corrected, could reasonably result in a threat to the health or safety of the unit owners or a significant risk of damage to the condominium, that would result in an increase in an amount of assessments for the current fiscal year of the condominium in excess of 15 percent of the budgeted amount previously adopted, shall be approved by an amendment to the budget adopted at a special meeting, upon not less than 10 days written notice to the council of unit owners.
(f)    The adoption of a budget shall not impair the authority of the council of unit owners to obligate the council of unit owners for expenditures for any purpose consistent with any provision of this title.
(g)    The provisions of this section do not apply to a condominium that is occupied and used solely for nonresidential purposes.
2023 Maryland Statutes › Real Property › Title 11 - Maryland Condominium Act › Section 11-109.3 - Court Appointment of Receiver

(a)    If the council of unit owners fails to fill vacancies on the board of directors sufficient to constitute a quorum in accordance with the bylaws, three or more unit owners may petition the circuit court for the county where the condominium is located to appoint a receiver to manage the affairs of the council of unit owners.
(b)    (1)    At least 30 days before petitioning the circuit court, the unit owners acting under the authority granted by subsection (a) of this section shall mail to the council of unit owners a notice describing the petition and the proposed action.
(2)    The unit owners shall post a copy of the notice in a conspicuous place on the condominium property.
(c)    If the council of unit owners fails to fill vacancies sufficient to constitute a quorum within the notice period, the unit owners may proceed with the petition.
(d)    A receiver appointed by a court under this section may not reside in or own a unit in the condominium governed by the council of unit owners.
(e)    (1)    A receiver appointed under this section shall have all powers and duties of a duly constituted board of directors.
(2)    The receiver shall serve until the council of unit owners fills vacancies on the board of directors sufficient to constitute a quorum.
(f)    The salary of the receiver, court costs, and reasonable attorney’s fees are common expenses.
2023 Maryland Statutes › Real Property › Title 11 - Maryland Condominium Act › Section 11-111.2 - Restrictions on Candidate Signs and Propositions

(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 condominium 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 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 condominium may restrict the display of a candidate sign or a sign that advertises the support or defeat of any proposition:
(1)    In the common elements;
(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 condominium 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.
2023 Maryland Statutes › Real Property › Title 11 - Maryland Condominium Act › Section 11-111.3 - Distribution of Written Information or Materials

(a)    This section does not apply to the distribution of information or materials at any time before the unit owners elect officers or a board of directors in accordance with § 11-109(c)(16) of this title.
(b)    In this section, the door-to-door distribution of any of the following information or materials may not be considered a distribution for purposes of determining the manner in which a governing body distributes information or materials under this section:
(1)    Any information or materials reflecting the assessments imposed on unit owners in accordance with a recorded covenant, the declaration, bylaw, or rule of the condominium; and
(2)    Any meeting notices of the governing body.
(c)    Except for reasonable restrictions to the time of distribution, a recorded covenant or restriction, a provision in a declaration, or a provision of the bylaws or rules of a condominium may not restrict a unit owner from distributing written information or materials regarding the operation of or matters relating to the operation of the condominium in any manner or place that the governing body distributes written information or materials.
2023 Maryland Statutes › Real Property › Title 11 - Maryland Condominium Act › Section 11-111.5 - Condominium Not to Prohibit or Unreasonably Restrict Collection of Organic Waste Materials -- Ability of Private Entity to Access the Common Elements for Purpose of Collection

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Composting” means the controlled aerobic biological decomposition of organic waste material.
(3)    “Composting facility” has the meaning stated in § 9–1701 of the Environment Article.
(b)    A recorded covenant or restriction, a provision in a declaration, or a provision in the bylaws or rules of a condominium may not prohibit or unreasonably restrict a unit owner from contracting with a private entity to collect organic waste materials from the unit owner for composting at a composting facility.
(c)    A recorded covenant or restriction, a provision in a declaration, or a provision in the bylaws or rules of a condominium that unreasonably impedes the ability of a private entity to access the common elements for the purpose of collecting organic waste materials from a unit owner shall be interpreted as a restriction on the unit owner’s right to contract for private composting services under subsection (b) of this section.