1078                            Laws of Maryland                      [Ch. 349

is transferred to the transferee, which change shall be evidenced
by an appropriate amendatory declaration to such effect recorded
among the land records specifically describing the part transferred,
the percentage reallocated and the new percentages of the transferor
and transferee. The transfer may be made without the acquiescence
of the co-owners representing all the condominium units in the
regime provided the amendatory declaration is executed by the
owners of the units involved and by the entity designated in the
recorded by-laws as in charge of administration.

11-106. Indivisibility of the common elements.

(a)    The common elements, both general and limited, shall re-
main undivided. No unit-owner or any other person shall bring any
action for partition or division of the co-ownership. Any covenant
to the contrary shall be void. This restraint against partition shall
not apply to the individual condominium unit.

(b)    If the property shall be more than two thirds (⅔rds)
destroyed by fire or other disaster and the co-owners of three fourths
(¾ths) of the condominium project shall decide, in conformity with
the bylaws to waive and terminate the horizontal property regime,
in conformity with the provisions of this subtitle thereupon the
restraint against partition and division of the co-ownership shall
no longer apply. Upon any partition all liens on the unit of each
co-owner shall first be paid out of the share of the proceeds applicable
to such co-owners unit.

11-107. Use of elements held in common: right to repair common
elements.

(a)    Each co-owner may use the elements held in common in
accordance with the purposes for which they are intended, without
hindering or encroaching upon the lawful rights of the other co-
owners.

(b)    The manager or board of directors, as the case may be, shall
have an irrevocable right and an easement to enter units to make
repairs to common elements when repairs reasonably appear to be
necessary for public safety or to prevent damage to property other
than the unit.

11-108. Recordation of master deed or lease; recordation and taxa-
tion of instruments affecting title to units.

(a)    A master deed or lease shall be recorded in the same manner
and subject to the same provisions of law as are deeds. No State
or local transfer or recordation tax upon the value of the property
transferred by the master deed or lease shall apply to any such deed
or portion thereof recorded solely for the purpose of complying
with the establishment of the horizontal property regime.

(b)    All instruments affecting the title to individual units on
sale or subsequent resale and as mortgages and other encumbrances
shall be recorded and taxed as in other estate transactions,

11-109. Contents of master deed.

Contents of the master deed shall express the following particu-
lars: