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Session Laws, 1981
Volume 741, Page 1454   View pdf image
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1454

LAWS OF MARYLAND

Ch. 246

may bring a suit for partition of the common elements, and
any covenant or provision in any declaration, bylaws, or
other instrument to the contrary is void.

(b)  Each unit owner shall have a percentage interest
in the common expenses and common profits equal to that set
forth in the declaration.

(c)    The percentage interest provided in subsections
(a) and (b) may be identical or may vary. The percentage
interests shall have a permanent character and, except as
specifically provided by this title, may not be changed
without the written consent of all of the unit owners and
their mortgagees. Any change shall be evidenced by an
amendment to the declaration, recorded among the appropriate
land records. The percentage interests may not be separated
from the unit to which they appertain. Any instrument,
matter, circumstance, action, occurrence, or proceeding in
any manner affecting a unit also shall affect, in like
manner, the percentage interests appurtenant to the unit.

(d) (1) Notwithstanding any other provision of this
title, but subject to any provision in the declaration or
bylaws, a unit owner may (i) grant by deed part of a unit
and incorporate it as part of another unit if a portion of
the percentage interests of the grantor is granted to the
grantee and the grant is evidenced by an amendment to the
declaration specifically describing the part granted, the
percentage interests reallocated and the new percentage
interest of the grantor and the grantee; and (ii) subdivide
his unit into two or more units if the original percentage
interests and votes appurtenant to the original unit are
allocated to the resulting units and the subdivision is
evidenced by an amendment to the declaration describing the
resulting units and the percentage interests and votes
allocated to each unit.

(2)  When appropriate, a plat may be attached to
the amendment. The transfer or subdivision may be made
without the consent of all of the unit owners if the
amendment to the declaration is executed by the unit owners
of the units involved and by the person or entity designated
in the bylaws to be in charge of the administration of the
condominium.

(3)  If the unit owner of two or more adjacent
units or the unit owner of a unit and an adjacent part of
another unit transferred in accordance with this subsection
desires to consolidate them, the council of unit owners may
authorize the unit owner to remove all or part of any walls
separating the units or portions of them if the removal does
not violate any applicable statute or regulation.

11-108.

(a) The common elements may be used only for the
purposes for which they were intended and, except as

 

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Session Laws, 1981
Volume 741, Page 1454   View pdf image
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