HARRY HUGHES, Governor
1463
THE BOARD OF DIRECTORS. HOWEVER, ANY NEW UNIT OWNER SHALL
HAVE A LIKE RIGHT OF APPEAL, REGARDLESS OF WHEN A RULE WAS
ADOPTED, IF THE APPEAL IS MADE WITHIN 1 YEAR OF HIS
SETTLEMENT DATE.
(4) ALL APPEALS SHALL BE IN WRITING, SHALL BE
SIGNED AND DATED BY THE UNIT OWNER OR OWNERS MAKING THE
APPEAL, AND SHALL BE DELIVERED TO A MEMBER OF THE BOARD OF
DIRECTORS. THE BOARD OF DIRECTORS SHALL CONSIDER ALL
APPEALS AND SHALL RENDER A DECISION AT ITS NEXT REGULARLY
SCHEDULED MEETING. THE DECISION SHALL BE IN WRITING, AND
SHALL BE ADDRESSED TO THE UNIT OWNER OR OWNERS MAKING THE
APPEAL. IF THE BOARD OF DIRECTORS DENIES AN APPEAL,
PUBLICATION AS TO THE DENIAL IS NOT REQUIRED.
(5) IF THE BOARD OF DIRECTORS UPHOLDS AN APPEAL
AND GRANTS AN INDIVIDUAL EXCEPTION TO AN ADOPTED RULE, THE
BOARD OF DIRECTORS SHALL PUBLISH, OR COMMUNICATE IN A
REASONABLE MANNER, TO THE COUNCIL OF UNIT OWNERS AN
EXPLANATION OF THE REASONS FOR GRANTING THE EXCEPTION.
(F) ANY UNIT OWNER MAY APPEAL ANY RULES AND
REGULATIONS ADOPTED BY THE BOARD OF DIRECTORS OR THE DENIAL
OF ANY APPEAL FOR AN INDIVIDUAL EXCEPTION TO THE COURTS OF
MARYLAND.
(G) ANY RULES AND REGULATIONS, WHEN ADOPTED IN
ACCORDANCE WITH THE ABOVE PROCEDURES, HAVE THE SAME FORCE
AND EFFECT AS IF THEY WERE INCORPORATED IN THE BYLAWS BY
DIRECT REFERENCE. THE RULES AND REGULATIONS, UPON PROPER
ADOPTION UNDER THE ABOVE PROCEDURES, SHALL BE ENFORCED IN
THE SAME MANNER AS ALL OTHER PROVISIONS OF THE BYLAWS.
(H) THE RULES AND REGULATIONS APPLY TO UNIT OWNERS,
TENANTS, RESIDENTS, AND OCCUPANTS AT THE TIME OF
PROMULGATION AND SUBSEQUENT OWNERS, TENANTS, RESIDENTS, AND
OCCUPANTS.
[11-112.
(a) In this section, the term "taking under the power
of eminent domain" includes any sale in settlement of any
pending or threatened condemnation proceeding.
(b) The declaration or bylaws may provide for an
allocation of any award for a taking under the power of
eminent domain of all or a part of the condominium. The
declaration or bylaws also may provide for (1)
reapportionment or other change of the percentage interests
appurtenant to each unit remaining after any taking; (2) the
rebuilding, relocation, or restoration of any improvements
so taken in whole or in part; and (3) the termination of the
condominium regime following any taking.
(c) Unless otherwise provided in the declaration or
bylaws, any damages for a taking of all or part of a
condominium shall be awarded as follows:
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