WILLIAM DONALD SCHAEFER, Governor Ch. 519
Approved May 29, 1990.

CHAPTER 519
(Senate Bill 878)

AN ACT concerning

Condominiums - Leasehold Estates

FOR the purpose of specifying that a leasehold estate for residential purposes may be
subjected to a condominium regime if the State is the owner of the reversionary
fee simple estate; and generally relating to the establishment of condominium
regimes in the State.

BY repealing and reenacting, with amendments,
Article - Real Property
Section 11-102
Annotated Code of Maryland
(1988 Replacement Volume and 1989 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Real Property

11-102.

(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) [However] 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 IS
THE OWNER OF THE REVERSIONARY FEE SIMPLE ESTATE.

(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

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