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Session Laws, 1981
Volume 741, Page 1476   View pdf image
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1476

LAWS OF MARYLAND

Ch. 246

DETERMINED BY ONE OR MORE INDEPENDENT APPRAISERS SELECTED BY
THE COUNCIL OF UNIT OWNERS. THE DECISION OF THE INDEPENDENT
APPRAISERS SHALL BE DISTRIBUTED TO THE UNIT OWNERS AND
BECOMES FINAL UNLESS DISAPPROVED WITHIN 30 DAYS AFTER
DISTRIBUTION BY UNIT OWNERS OF UNITS TO WHICH 25 PERCENT OF
THE VOTES ARE ALLOCATED. THE PROPORTION OF ANY UNIT OWNER'S
INTEREST TO THAT OF ALL UNIT OWNERS IS DETERMINED BY
DIVIDING THE FAIR MARKET VALUE OF THAT UNIT OWNER'S UNIT AND
COMMON ELEMENT INTEREST BY THE TOTAL FAIR MARKET VALUES OF
ALL THE UNITS AND COMMON ELEMENTS.

(2) IF ANY UNIT OR ANY LIMITED COMMON ELEMENT IS
DESTROYED TO THE EXTENT THAT AN APPRAISAL OF THE FAIR MARKET
VALUE THEREOF PRIOR TO DESTRUCTION CANNOT BE MADE, THE
INTERESTS OF ALL UNIT OWNERS ARE THEIR RESPECTIVE COMMON
ELEMENT INTERESTS IMMEDIATELY BEFORE THE TERMINATION.

(G) FORECLOSURE OR ENFORCEMENT OF A LIEN OR
ENCUMBRANCE AGAINST THE ENTIRE CONDOMINIUM DOES NOT OF
ITSELF TERMINATE THE CONDOMINIUM, AND FORECLOSURE OR
ENFORCEMENT OF A LIEN OR ENCUMBRANCE AGAINST A PORTION OF
THE CONDOMINIUM DOES NOT WITHDRAW THAT PORTION FROM THE
CONDOMINIUM.

[11-122.] 11-124.

(a)  Neither the rule of law known as the rule against
perpetuities nor the rule of law known as the rule
restricting unreasonable restraints on alienation may be
applied to defeat or invalidate any provision of this title
or of any declaration, bylaws, or other instrument made
pursuant to the provisions of this title.

(b)  The provisions of any declaration, bylaws, and
condominium plat filed pursuant to this title shall be
liberally construed to facilitate the creation and operation
of the condominium. So long as the declaration, bylaws, and
condominium plat substantially conform with the requirements
of this title, [no] A variance from the requirements [shall]
DOES NOT affect the condominium status of the property in
question nor the title of any unit owner to his unit, his
votes, and his percentage interests in the common elements
and in common expenses and common profits.

(c)  The declaration, bylaws, and condominium plat
shall be construed together and shall be deemed to
incorporate one another to the extent that any requirement
of this title as to the content of one shall be deemed
satisfied if the deficiency can be cured by reference to any
of the others. Any provision required by this title may be
amended only in accordance with the requirements for
amendment applicable to the instrument in which, absent this
subsection (c), it is required to be contained.

(d)  All provisions of the declaration, bylaws, and
condominium plat are severable and the invalidity of one
provision does not affect the validity of any other
provision.

 

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Session Laws, 1981
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