1464
LAWS OF MARYLAND
Ch. 246
(1) Each unit owner shall be entitled to the
entire award for the taking of all or part of his respective
unit and for consequential damages to his unit.
(2) Any award for the taking of limited common
elements shall be allocated to the unit owners of the units
to which the use of those limited common elements is
restricted in proportion to their respective percentage
interests in the common elements.
(3) Any award for the taking of general common
elements shall be allocated to all unit owners in proportion
to their respective percentage interests in the common
elements.
(d) Unless otherwise provided in the declaration or
bylaws, following the taking of a part of a condominium, the
council of unit owners shall not be obligated to replace
improvements taken but promptly shall undertake to restore
the remaining improvements of the condominium to a safe and
habitable condition. Any costs of such restoration shall be
a common expense.
(e) Unless provided in the declaration or bylaws,
following the taking of all or a part of any unit, the
percentage interests appurtenant to the unit shall be
adjusted in proportion as the amount of floor area of the
unit so taken bears to the floor area of the unit prior to
the taking. The council of unit owners promptly shall
prepare and record an amendment to the declaration
reflecting the new percentage interests appurtenant to the
unit. Subject to subsection (g), (1) following the taking of
part of a unit the votes appurtenant to that unit shall be
appurtenant to the remainder of that unit and (2) following
the taking of all of a unit the right to vote appurtenant to
the unit shall terminate.
(f) All damages for each unit shall be distributed in
accordance with the priority of interests at law or in
equity in each respective unit.
(g) Except to the extent specifically described in the
condemnation declaration or grant in lieu thereof, a taking
of all or part of a unit may not include any of the
percentage interests or votes appurtenant to the unit.]
11-112 11-113.
(A) UNLESS THE DECLARATION OR BYLAWS STATE OTHERWISE,
THE DISPUTE SETTLEMENT MECHANISM PROVIDED BY THIS SECTION IS
APPLICABLE TO COMPLAINTS OR DEMANDS FORMALLY ARISING ON OR
AFTER JANUARY 1, 1982.
(B) THE BOARD MAY NOT IMPOSE A FINE, SUSPEND VOTING,
OR INFRINGE UPON ANY OTHER RIGHTS OF A MEMBER OR OTHER
OCCUPANT FOR VIOLATIONS OF RULES UNTIL THE FOLLOWING
PROCEDURE IS FOLLOWED:
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