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Session Laws, 1972
Volume 708, Page 1080   View pdf image
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1080                               Laws of Maryland                        [Ch. 349

(i) Notice as to the existence or nonexistence of a declaration
in trust for the enforcement of the lien for common expenses per-
mitted under 11-116 of this title.

(j) The sole owner of the building, or if there is more than one,
the co-owners representing two thirds (⅔rds) of the total value of
the whole building, may at any time modify the system of admini-
stration, but each one of the particulars set forth in this section shall
always be embodied in the bylaws.

11-112. Building plan to be recorded; contents; certification; con-
veyance describing unit by designation on plan.

(a)    Upon the recording of the master deed or lease, the owner
or co-owners shall cause a full and exact copy of the plan of the
building to be filed for record. These plans shall be recorded in the
manner in which subdivision of land is now platted and recorded
among the land records and shall be indexed in an index provided
for condominium or horizontal housing regime.

(b)    The plans shall show graphically all particulars of the build-
ing including, but not limited to, the dimensions, area and location
of each unit therein and the dimensions, area and location of common
elements affording access to each unit. Other common elements,
both limited and general, shall be shown graphically insofar as
possible and shall be described in detail in words and figures. Said
plans shall be certified to by an engineer or architect authorized
and licensed to practice his profession in this State.

(c)    Each unit in a building shall be designated, on the plans
referred to in this section, by a letter or number or other appropriate
designation. Any conveyance or other instrument affecting title to the
said unit, which describes the unit by using said letter or number

followed by the words "in ................ horizontal property regime"

shall be deemed to contain a good and sufficient description for all
purposes provided the correct index number by book and page both
of the master deed and of the plan are contained as a part of such
description. Any conveyance of an individual unit shall be deemed
to also convey the undivided interest of the owner in the common
elements, both general and limited, appertaining to said unit with-
out specifically or particularly referring to the same.

11-113. Termination and waiver of regime.

All of the co-owners or the sole owner of a building constituted
into a horizontal property regime may by deed waive this regime and
regroup or merge the records of the individual units with the principal
property, provided, that the individual units are unencumbered, or
if encumbered, that the creditors in whose behalf encumbrances are
recorded agree to accept as security undivided portions of the prop-
erty owned by the debtors, and execute or cause to be executed the
deed of termination or merger in such manner as to show this con-
sent and acceptance. Upon such termination and waiver the provi-
sions of
§ 121 11-106 hereof restraining an action for partition or divi-
sion of the co-ownership shall no longer apply. In the event of such
partition suit the net proceeds shall be divided among all of the
unit owners, in proportion to their respective undivided ownership
of the common elements, after first paying off, out of the respective
shares of the unit owners, all liens on the unit of each unit owner.


 

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Session Laws, 1972
Volume 708, Page 1080   View pdf image
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