HARRY HUGHES, Governor

1477

(e)  If there is any conflict among the provisions of
this title, the declaration, condominium plat or bylaws, the
provisions of each shall control in the succession listed
hereinbefore commencing with "title."

(f)  The execution of any instrument by a mortgagee for
the purpose of consenting to the legal operation and effect
of a declaration, bylaws, and condominium plat does not,
unless the contrary is expressly stated, affect the priority
of the mortgage or deed of trust. The execution and
recordation of a release of a unit in a condominium by a
mortgagee which refers to the condominium constitutes
consent by that mortgagee to the legal operation and effect
of the recorded declaration, bylaws, and condominium plat of
that condominium.

[11-123.] 11-125.

(a)  The existing physical boundaries of any unit or
common element constructed or reconstructed in substantial
conformity with the condominium plat shall be conclusively
presumed to be its boundaries, regardless of the shifting,
settlement, or lateral movement of any building and
regardless of minor variations between the physical
boundaries as described in the declaration or shown on the
condominium plat and the existing physical boundaries of any
such unit or common element. This presumption applies only
to encroachments within the condominium.

(b)  If any portion of any common element encroaches on
any unit or if any portion of a unit encroaches on any
common element or any other unit, as a result of the duly
authorized construction or repair of a building, a valid
easement for the encroachment and for the maintenance of the
[same shall exist] ENCROACHMENT EXISTS so long as the
building stands.

(c)  An easement for mutual support shall exist in the
units and common elements.

(d)  The grant or other disposition of a condominium
unit shall include and grant, and be subject to, any
easement arising under the provisions of this section
without specific or particular reference to the easement.

(e)  The council of unit owners ITS AGENTS AND
EMPLOYEES, AND OTHER UNIT OWNERS shall have an irrevocable
right and an easement to enter units [to make repairs to
common elements when the repairs reasonably appear necessary
for public safety or to prevent damage to other portions of
the condominium.] Except in cases involving manifest
danger to public safety or property, the council of unit
owners shall make a reasonable effort to give notice to the
owner of any unit to be entered for the purpose of such
MAINTENANCE AND [repairs] REPAIR. IF DAMAGE IS INFLICTED ON
THE COMMON ELEMENTS OR ANY UNIT THROUGH WHICH ACCESS IS