1468                                    LAWS OF MARYLAND                                  Ch. 246

(III) 80 PERCENT OF THE UNIT OWNERS,
INCLUDING EVERY OWNER OF A UNIT OR ASSIGNED LIMITED COMMON
ELEMENT WHICH WILL NOT BE REBUILT, VOTE NOT TO REBUILD.

(2)  THE COST OF REPAIR OR REPLACEMENT IN EXCESS
OF INSURANCE PROCEEDS AND RESERVES IS A COMMON EXPENSE.

(3)  IF THE ENTIRE CONDOMINIUM IS NOT REPAIRED OR
REPLACED:

(I)  THE INSURANCE PROCEEDS ATTRIBUTABLE TO
THE DAMAGED COMMON ELEMENTS SHALL BE USED TO RESTORE THE
DAMAGED AREA TO A CONDITION COMPATIBLE WITH THE REMAINDER OF
THE CONDOMINIUM;

(II)  THE INSURANCE PROCEEDS ATTRIBUTABLE
TO UNITS AND LIMITED COMMON ELEMENTS WHICH ARE NOT REBUILT
SHALL BE DISTRIBUTED TO THE OWNERS OF THOSE UNITS AND THE
OWNERS OF THE UNITS TO WHICH THOSE LIMITED COMMON ELEMENTS
WERE ASSIGNED; AND

(III)  THE REMAINDER OF THE PROCEEDS SHALL
BE DISTRIBUTED TO ALL THE UNIT OWNERS IN PROPORTION TO THEIR
COMMON ELEMENT INTEREST.

(4)  IF THE UNIT OWNERS VOTE NOT TO REBUILD ANY
UNIT, THAT UNIT'S ENTIRE COMMON ELEMENT INTEREST, VOTES IN
THE COUNCIL OF UNIT OWNERS, AND COMMON EXPENSE LIABILITY ARE
AUTOMATICALLY REALLOCATED UPON THE VOTE AS IF THE UNIT HAD
BEEN CONDEMNED UNDER § 11-115, AND THE COUNCIL OF UNIT
OWNERS PROMPTLY SHALL PREPARE, EXECUTE, AND RECORD AN
AMENDMENT TO THE DECLARATION REFLECTING THE REALLOCATIONS.
NOTWITHSTANDING THE PROVISIONS OF THIS SUBSECTION, § 11-123
GOVERNS THE DISTRIBUTION OF INSURANCE PROCEEDS IF THE
CONDOMINIUM IS TERMINATED.

(H) THE PROVISIONS OF THIS SECTION MAY BE VARIED OR
WAIVED IN THE CASE OF A CONDOMINIUM ALL OF WHOSE UNITS ARE
RESTRICTED TO NONRESIDENTIAL USE.

11-114 11-115.

SUBJECT TO THE PROVISIONS OF THE DECLARATION AND OTHER
PROVISIONS OF LAW, A UNIT OWNER:

(1)  MAY MAKE ANY IMPROVEMENTS OR ALTERATIONS TO
HIS UNIT THAT DO NOT IMPAIR THE STRUCTURAL INTEGRITY OR
MECHANICAL SYSTEMS OR LESSEN THE SUPPORT OF ANY PORTION OF
THE CONDOMINIUM;

(2)  MAY NOT ALTER, MAKE ADDITIONS TO, OR CHANGE
THE APPEARANCE OF THE COMMON ELEMENTS, OR THE EXTERIOR
APPEARANCE OF A UNIT OR ANY OTHER PORTION OF THE
CONDOMINIUM, WITHOUT PERMISSION OF THE COUNCIL OF UNIT
OWNERS;