HARRY HUGHES, Governor
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provided in the declaration, the common elements shall be
subject to mutual rights of support, access, use, and
enjoyment by all unit owners. However, subject to the
provisions of subsection (b), any portion of the common
elements designated as limited common elements shall be used
only by the unit owner of the unit to which their use is
limited in the declaration or condominium plat. [The
streets, on site drainage, curbs, gutters, and sidewalks
shall meet all county standards.]
[(b) Any OWNER OF A UNIT OR ANY group of unit owners
of units to which the use of any limited common element is
exclusively restricted may grant by deed the exclusive use,
or the joint use in common with one or more of the grantors,
of the limited common elements to any one or more unit
owners.] A COPY OF THE DEED SHALL BE FURNISHED TO THE
COUNCIL OF UNIT OWNERS.
(B) SUBJECT TO ANY PROVISIONS OF THE DECLARATION, A
LIMITED COMMON ELEMENT MAY BE REALLOCATED BY A RECORDED DEED
OR ASSIGNMENT EXECUTED BY THE UNIT OWNERS BETWEEN OR AMONG
WHOSE UNITS THE REALLOCATION IS MADE, OR BY AN AMENDMENT TO
THE DECLARATION EXECUTED BY THOSE UNIT OWNERS. THE PERSONS
EXECUTING THE DEED, ASSIGNMENT, OR AMENDMENT TO THE
DECLARATION SHALL PROVIDE A COPY THEREOF TO THE COUNCIL OF
UNIT OWNERS.
(C) A COMMON ELEMENT NOT PREVIOUSLY ALLOCATED AS A
LIMITED COMMON ELEMENT MAY NOT BE SO ALLOCATED EXCEPT
PURSUANT TO PROVISIONS IN THE DECLARATION MADE IN ACCORDANCE
WITH § 11-103(D). THE DECLARATION MAY PROVIDE THAT THE
ALLOCATIONS SHALL BE MADE BY DEEDS OR ASSIGNMENTS EXECUTED
BY THE DECLARANT OR THE COUNCIL OF UNIT OWNERS OR BY
AMENDMENTS TO THE DECLARATION.
11-108.1.
EXCEPT TO THE EXTENT OTHERWISE PROVIDED BY THE
DECLARATION OR BYLAWS, THE COUNCIL OF UNIT OWNERS IS
RESPONSIBLE FOR MAINTENANCE, REPAIR, AND REPLACEMENT OF THE
COMMON ELEMENTS, AND EACH UNIT OWNER IS RESPONSIBLE FOR
MAINTENANCE, REPAIR, AND REPLACEMENT OF HIS UNIT.
11-109.
(a) The affairs of the condominium shall be governed
by a council of unit owners which, even if unincorporated,
is constituted a legal entity for all purposes. The council
of unit owners shall be comprised of all unit owners.
(b) The bylaws may authorize or provide for the
delegation of any power of the council of unit owners to a
board of directors, officers, managing agent, or other
person for the purpose of carrying out the responsibilities
of the council of unit owners.
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