1466

LAWS OF MARYLAND

Ch. 246

TO THIS SECTION, THE UNIT OWNER MAY BE SUED FOR DAMAGES
CAUSED BY THE FAILURE OR FOR INJUNCTIVE RELIEF, OR BOTH, BY
THE COUNCIL OF UNIT OWNERS OR BY ANY OTHER UNIT OWNER. THE
PREVAILING PARTY IN ANY SUCH PROCEEDING IS ENTITLED TO AN
AWARD FOR COUNSEL FEES AS DETERMINED BY COURT.

(D) THE FAILURE OF THE COUNCIL OF UNIT OWNERS    TO

ENFORCE A PROVISION OF THIS TITLE, THE DECLARATION,   OR

BYLAWS ON ANY OCCASION IS NOT A WAIVER OF THE RIGHT    TO
ENFORCE THE PROVISION ON ANY OTHER OCCASION.

11-113 11-114.

(A)  COMMENCING NOT LATER THAN THE TIME OF THE FIRST
CONVEYANCE OF A UNIT TO A PERSON OTHER THAN A DECLARANT,
THE COUNCIL OF UNIT OWNERS SHALL MAINTAIN, TO THE EXTENT
REASONABLY AVAILABLE:

(1)  PROPERTY INSURANCE ON THE COMMON ELEMENTS
AND UNITS, EXCLUSIVE OF IMPROVEMENTS AND BETTERMENTS
INSTALLED IN UNITS BY UNIT OWNERS, INSURING AGAINST ALL
RISKS OF DIRECT PHYSICAL LOSS COMMONLY INSURED AGAINST OR,
IN THE CASE OF A CONVERSION CONDOMINIUM, AGAINST FIRE AND
EXTENDED COVERAGE PERILS. THE TOTAL AMOUNT OF INSURANCE
AFTER APPLICATION OF ANY DEDUCTIBLES MAY NOT BE LESS THAN 80
PERCENT OF THE ACTUAL CASH VALUE OF THE INSURED PROPERTY,
EXCLUSIVE OF LAND, EXCAVATIONS, FOUNDATIONS, AND OTHER ITEMS
NORMALLY EXCLUDED FROM PROPERTY POLICIES; AND

(2)  COMPREHENSIVE GENERAL LIABILITY INSURANCE,
INCLUDING MEDICAL PAYMENTS INSURANCE, IN AN AMOUNT
DETERMINED BY THE BOARD OF DIRECTORS BUT NOT LESS THAN ANY
AMOUNT SPECIFIED IN THE DECLARATION, COVERING ALL
OCCURRENCES COMMONLY INSURED AGAINST FOR DEATH, BODILY
INJURY, AND PROPERTY DAMAGE ARISING OUT OF OR IN CONNECTION
WITH THE USE, OWNERSHIP, OR MAINTENANCE OF THE COMMON
ELEMENTS.

(B)  IF THE INSURANCE DESCRIBED IN SUBSECTION (A) IS
NOT MAINTAINED, THE COUNCIL OF UNIT OWNERS PROMPTLY SHALL
CAUSE NOTICE OF THAT FACT TO BE HAND DELIVERED OR SENT
PREPAID BY UNITED STATES MAIL TO ALL UNIT OWNERS. THE
DECLARATION MAY REQUIRE THE COUNCIL OF UNIT OWNERS TO CARRY
ANY OTHER INSURANCE, AND THE COUNCIL OF UNIT OWNERS IN ANY
EVENT MAY CARRY ANY OTHER INSURANCE IT DEEMS APPROPRIATE TO
PROTECT THE COUNCIL OF UNIT OWNERS OR THE UNIT OWNERS.

(C)  INSURANCE POLICIES CARRIED PURSUANT TO SUBSECTION
(A) SHALL PROVIDE THAT:

(1) EACH UNIT OWNER IS AN INSURED PERSON UNDER
THE POLICY WITH RESPECT TO LIABILITY ARISING OUT OF HIS
OWNERSHIP OF AN UNDIVIDED INTEREST IN THE COMMON ELEMENTS OR
MEMBERSHIP IN THE COUNCIL OF UNIT OWNERS;