MARVIN MANDEL, Governor                                  2175

11-123. EASEMENTS AND ENCROACHMENTS.

(A)    THE EXISTING PHYSICAL BOUNDARIES OF ANY UNIT
OR COMMON ELEMENT CONSTRUCTED OR RECONSTRUCTED IN
SUBSTANTIAL CONFORMITY WITH THE CONDOMINIUM PLAT SHALL BE
CONCLUSIVELY PRESUMED TO BE ITS BOUNDARIES, REGARDLESS OF
THE SHIFTING, SETTLEMENT, OR LATERAL MOVEMENT OF ANY
BUILDING AND REGARDLESS OF MINOR VARIATIONS BETWEEN THE
PHYSICAL BOUNDARIES AS DESCRIBED IN THE DECLARATION OR
SHOWN ON THE CONDOMINIUM PLAT AND THE EXISTING PHYSICAL
BOUNDARIES OF ANY SUCH UNIT OR COMMON ELEMENT. THIS
PRESUMPTION APPLIES ONLY TO ENCROACHMENTS WITHIN THE
CONDOMINIUM.

(B)    IF ANY PORTION OF ANY COMMON ELEMENT
ENCROACHES ON ANY UNIT OR IF ANY PORTION OF A UNIT
ENCROACHES ON ANY COMMON ELEMENT, AS A RESULT OF THE DULY
AUTHORIZED CONSTRUCTION OR REPAIR OF A BUILDING, A VALID
EASEMENT FOR THE ENCROACHMENT AND FOR THE MAINTENANCE OF
THE SAME SHALL EXIST SO LONG AS THE BUILDING STANDS.

(C)    IF ANY PART OF A CONDOMINIUM IS DESTROYED
PARTIALLY OR TOTALLY AS A RESULT OF FIRE OR OTHER
CASUALTY OR AS A RESULT OF CONDEMNATION OR EMINENT DOMAIN
PROCEEDINGS, AND THEN IS RECONSTRUCTED AS AUTHORIZED IN
THIS TITLE, ENCROACHMENT [[OF PART OF ANY COMMON ELEMENT
ON ANY CONDOMINIUM UNIT OR]] OF ANY CONDOMINIUM UNIT ON
ANY [[OTHER CONDOMINIUM UNIT OR ON ANY]] COMMON ELEMENT,
DUE TO SUCH RECONSTRUCTION, SHALL BE PERMITTED, AND VALID
EASEMENTS FOR SUCH ENCROACHMENTS AND THE MAINTENANCE OF
THEM SHALL EXIST SO LONG AS THE BUILDING STANDS.

(D)    THE GRANT OR OTHER DISPOSITION OF A
CONDOMINIUM UNIT SHALL INCLUDE AND GRANT, AND BE SUBJECT
TO, ANY EASEMENT ARISING UNDER THE PROVISIONS OF THIS
SECTION WITHOUT SPECIFIC OR PARTICULAR REFERENCE TO THE
EASEMENT.

(E)    THE COUNCIL OF UNIT OWNERS SHALL HAVE AN
IRREVOCABLE RIGHT AND AN EASEMENT TO ENTER UNITS TO MAKE
REPAIRS TO COMMON ELEMENTS WHEN THE REPAIRS REASONABLY
APPEAR NECESSARY FOR PUBLIC SAFETY OR TO PREVENT DAMAGE
TO OTHER PORTIONS OF THE CONDOMINIUM. EXCEPT IN CASES
INVOLVING MANIFEST DANGER TO PUBLIC SAFETY OR PROPERTY,
THE COUNCIL OF UNIT OWNERS SHALL MAKE A REASONABLE EFFORT
TO GIVE NOTICE TO THE OWNER OF ANY UNIT TO BE ENTERED FOR
THE PURPOSE OF SUCH REPAIRS. NO ENTRY BY THE COUNCIL OF
UNIT OWNERS FOR THE PURPOSES SPECIFIED IN THIS SUBSECTION
MAY BE CONSIDERED A TRESPASS.

11-124. DISCLOSURE REQUIREMENTS.

(A) NOT LATER THAN 15 DAYS PRIOR TO THE CLOSING OF
THE INITIAL SALE OF EACH UNIT TO A MEMBER OF THE PUBLIC,