HARRY HUGHES, Governor

1449

Developer
By.......

(H) FAILURE OF A LANDLORD OR OWNER TO GIVE NOTICE AS
REQUIRED BY THIS SECTION IS A DEFENSE TO AN ACTION FOR
POSSESSION.

[(h)] (I) Failure to fulfill the provisions of this
section does not affect the validity of a condominium regime
otherwise established in accordance with the provisions of
this title.

11-103.

(a) The declaration shall express at least the
following particulars:

(1)  The name by which the condominium is to be
identified, which name shall include the word "condominium"
or be followed by the phrase "a condominium";

(2)  A description of the condominium sufficient
to identify it with reasonable certainty together with a
statement of the owner's intent to subject the property to
the condominium regime established under this title;

(3)  A general description of each unit,
including its perimeters, location, and any other data
sufficient to identify it with reasonable certainty[;].
EXCEPT AS PROVIDED BY THE DECLARATION OR THE PLAT:

(I)  IF WALLS, FLOORS, OR CEILINGS ARE
DESIGNATED AS BOUNDARIES OF A UNIT, ALL LATH, FURRING,
WALLBOARD, PLASTERBOARD, PLASTER, PANELING, TILES,
WALLPAPER, PAINT, FINISHED FLOORING, AND ANY OTHER MATERIALS
CONSTITUTING ANY PART OF THE FINISHED SURFACES THEREOF ARE A
PART OF THE UNIT, AND ALL OTHER PORTIONS OF THE WALLS,
FLOORS, OR CEILINGS ARE A PART OF THE COMMON ELEMENTS.

(II)  IF ANY CHUTE, FLUE, DUCT, WIRE,
CONDUIT, BEARING WALL, BEARING COLUMN, OR ANY OTHER FIXTURE
LIES PARTIALLY WITHIN AND PARTIALLY OUTSIDE THE DESIGNATED
BOUNDARIES OF A UNIT, ANY PORTION THEREOF SERVING ONLY THAT
UNIT IS A LIMITED COMMON ELEMENT ALLOCATED SOLELY TO PART OF
THAT UNIT, AND ANY PORTION THEREOF SERVING MORE THAN ONE
UNIT OR ANY PORTION OF THE COMMON ELEMENTS IS A PART OF THE
COMMON ELEMENTS.

(III)  SUBJECT TO THE PROVISIONS OF
SUBPARAGRAPH (II), ALL SPACES, INTERIOR PARTITIONS, AND
OTHER FIXTURES AND IMPROVEMENTS WITHIN THE BOUNDARIES OF A
UNIT ARE A PART OF THE UNIT.