purposes of this article, a newly constructed dwelling unit means a newly constructed
or newly converted condominium unit and its appurtenant undivided fee simple
interest in the common areas.

(2) If a developer grants an improvement to an intermediate purchaser
to evade any liability to a purchaser imposed by the provisions of this section, or by §
10-202 or § 10-203 of this article, the developer is liable on the subsequent sale of the
improvement by the intermediate purchaser as if the subsequent sale had been
effectuated by the developer without regard to the intervening grant.

[(b)] (C) In addition to the implied warranties set forth in § 10-203 of this
article there shall be an implied warranty on an individual unit from a developer to a
unit owner. The warranty on an individual unit commences with the transfer of title
to that unit and extends for a period of 1 year. The warranty shall provide:

(1) That the developer is responsible for correcting any defects in
materials or workmanship in the construction of walls, ceilings, floors, and heating
and air conditioning systems in the unit; and

(2) That the heating and any air conditioning systems have been
installed in accordance with acceptable industry standards and:

(i) That the heating system is warranted to maintain a 70° (F)
temperature inside with the outdoor temperature and winds at the design conditions
established by the Energy Conservation Building Standards Act, Title 7, Subtitle 4 of
the Public Utility Companies Article, or those established by the political subdivision
as provided in Title 7, Subtitle 4 of the Public Utility Companies Article; and

(ii) That the air conditioning system is warranted to maintain a 78°
(F) temperature inside with the outdoor temperature at the design conditions
established by Title 7, Subtitle 4 of the Public Utility Companies Article, or those
established by the political subdivision as provided in Title 7, Subtitle 4 of the Public
Utility Companies Article,

[(c)] (D) (1) In addition to the implied warranties set forth in § 10-203 of
this article there shall be an implied warranty on common elements from a developer
to the council of unit owners. The warranty shall apply to: the roof, foundation,
external and supporting walls, mechanical, electrical, and plumbing systems, and
other structural elements.

(2) The warranty shall provide that the developer is responsible for
correcting any defect in materials or workmanship, and that the specified common
elements are within acceptable industry standards in effect when the building was
constructed.

(3) The warranty on common elements commences with the first
transfer of title to a unit owner. The warranty of any common elements not completed
at that time shall commence with the completion of that element or with its
availability for use by all unit owners, whichever occurs later. The warranty extends
for a period of 3 years.

(4) A suit for enforcement of the warranty on general common elements