MARVIN MANDEL, Governor
3377
condominium unit or regime, whichever is appropriate, is
deemed inserted after these descriptive terms where
appropriate to implement this title.
[(c)] (B) If the application of the provisions of
this title conflict with the application of other
provisions of the public general laws, public local laws,
or any local enactment, in the state, the provisions of
this title shall prevail.]] [[NO COUNTY, CITY, OR OTHER
JURISDICTION MAY ENACT ANY LAW, ORDINANCE, OR REGULATION
WHICH IMPOSES ANY REQUIREMENT OR STANDARD AFFECTING THE
CREATION OF CONDOMINIUMS OR THE SALE OF UNITS WHICH IS
MORE RESTRICTIVE THAN THE PROVISIONS OF THIS TITLE. ANY
LAW, ORDINANCE, OR REGULATION OF THAT TYPE IS VOID.]]
SECTION 2. AND BE IT FURTHER ENACTED, That new
Sections 11—115(c) and 11—123(f) be and they are hereby
added to Article — Real Property, of the Annotated Code
of Maryland (1974 Volume and 1974 Supplement) to read as
follows:
Article — Real Property
11-115.
(C) EXCEPT IN PROPORTION TO HIS PERCENTAGE
INTEREST IN THE COMMON ELEMENTS, A UNIT OWNER PERSONALLY
IS NOT LIABLE (1) FOR DAMAGES AS A RESULT OF INJURIES
ARISING IN CONNECTION WITH THE COMMON ELEMENTS SOLELY BY
VIRTUE OF HIS OWNERSHIP OF A PERCENTAGE INTEREST IN THE
COMMON ELEMENTS; OR (2) FOR LIABILITIES INCURRED BY THE
COUNCIL OF UNIT OWNERS. ON PAYMENT BY ANY UNIT OWNER OF
HIS PROPORTIONATE AMOUNT OF ANY JUDGMENT RESULTING FROM
THAT LIABILITY, THE UNIT OWNER SHALL BE ENTITLED TO A
RECORDABLE RELEASE OF HIS UNIT FROM THE LIEN OF THE
JUDGMENT AND THE COUNCIL OF UNIT OWNERS IS NOT ENTITLED
TO ASSESS HIS UNIT FOR PAYMENT OF THE REMAINING AMOUNT
DUE.
11-123.
(F) THE DECLARATION MAY PROVIDE THE COUNCIL OF
UNIT OWNERS AUTHORITY TO GRANT SPECIFIC EASEMENTS,
RIGHTS-OF-WAY, LICENSES, AND SIMILAR INTERESTS AFFECTING
THE COMMON ELEMENTS OF THE CONDOMINIUM IF THE GRANT IS
APPROVED BY THE AFFIRMATIVE VOTE OF UNIT OWNERS HAVING 75
PERCENT OR MORE OF THE VOTES. ANY EASEMENT,
RIGHT-OF-WAY, LICENSE, OR SIMILAR INTEREST GRANTED BY THE
COUNCIL OF UNIT OWNERS PURSUANT TO THIS SUBSECTION SHALL
STATE THAT THE GRANT WAS APPROVED BY UNIT OWNERS HAVING
AT LEAST 75 PERCENT OF THE VOTES.
|
![clear space](../../../images/clear.gif) |