HARRY HUGHES, Governor
1465
(1) WRITTEN DEMAND TO CEASE AND DESIST FROM AN
ALLEGED VIOLATION IS SERVED UPON THE ALLEGED VIOLATOR
SPECIFYING:
(I) THE ALLEGED VIOLATION;
(II) THE ACTION REQUIRED TO ABATE THE
VIOLATION; AND
(III) A TIME PERIOD, NOT LESS THAN 10
DAYS, DURING WHICH THE VIOLATION MAY BE ABATED WITHOUT
FURTHER SANCTION, IF THE VIOLATION IS A CONTINUING ONE, OR A
STATEMENT THAT ANY FURTHER VIOLATION OF THE SAME RULE MAY
RESULT IN THE IMPOSITION OF SANCTION AFTER NOTICE AND
HEARING IF THE VIOLATION IS NOT CONTINUING.
(2) WITHIN 12 MONTHS OF THE DEMAND, IF THE
VIOLATION CONTINUES PAST THE PERIOD ALLOWED IN THE DEMAND
FOR ABATEMENT WITHOUT PENALTY OR IF THE SAME RULE IS
VIOLATED SUBSEQUENTLY, THE BOARD SERVES THE VIOLATOR WITH
WRITTEN NOTICE OF A HEARING TO BE HELD BY THE BOARD IN
SESSION. THE NOTICE SHALL CONTAIN:
(I) THE NATURE OF THE ALLEGED VIOLATION;
(II) THE TIME AND PLACE OF THE HEARING,
WHICH TIME MAY BE NOT LESS THAN 10 DAYS FROM THE GIVING OF
THE NOTICE;
(III) AN INVITATION TO ATTEND THE HEARING
AND PRODUCE ANY STATEMENT, EVIDENCE, AND WITNESSES ON HIS OR
HER BEHALF; AND
(IV) THE PROPOSED SANCTION TO BE IMPOSED.
(3) A HEARING OCCURS AT WHICH THE ALLEGED
VIOLATOR HAS THE RIGHT TO PRESENT EVIDENCE AND PRESENT AND
CROSS-EXAMINE WITNESSES. THE HEARING SHALL BE HELD IN
EXECUTIVE SESSION PURSUANT TO THIS NOTICE AND SHALL AFFORD
THE MEMBER A REASONABLE OPPORTUNITY TO BE HEARD. PRIOR TO
THE EFFECTIVENESS OF ANY SANCTION HEREUNDER, PROOF OF NOTICE
AND THE INVITATION TO BE HEARD SHALL BE PLACED IN THE
MINUTES OF THE MEETING. THIS PROOF SHALL BE DEEMED ADEQUATE
IF A COPY OF THE NOTICE, TOGETHER WITH A STATEMENT OF THE
DATE AND MANNER OF DELIVERY, IS ENTERED BY THE OFFICER OR
DIRECTOR WHO DELIVERED THE NOTICE. THE NOTICE REQUIREMENT
SHALL BE DEEMED SATISFIED IF A VIOLATOR APPEARS AT THE
MEETING. THE MINUTES OF THE MEETING SHALL CONTAIN A WRITTEN
STATEMENT OF THE RESULTS OF THE HEARING AND THE SANCTION, IF
ANY, IMPOSED.
(4) A DECISION PURSUANT TO THESE PROCEDURES
SHALL BE APPEALABLE TO THE COURTS OF MARYLAND.
(C) IF ANY UNIT OWNER FAILS TO COMPLY WITH THIS TITLE,
THE DECLARATION, OR BYLAWS, OR A DECISION RENDERED PURSUANT
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