HARRY HUGHES, Governor 4619
(c) (1) In addition to the implied warranties set
forth in § 10-203 of this article there shall be an implied
warranty on common elements from a developer to the council
of unit owners. The warranty shall apply to: the roof,
foundation, external and supporting walls, mechanical,
electrical, and plumbing systems, and other structural
elements.
(2) The warranty shall provide that the
developer is responsible for correcting any defects in
materials or workmanship, and that the specified common
elements are within acceptable industry standards in effect
when the building was constructed.
(3) The warranty on common elements commences
with the first transfer of title to a unit owner. The
warranty on any common elements not completed at that time
shall commence with the completion of that element or with
its availability for use by all unit owners, whichever
occurs later. The warranty extends for. a period of 3 years.
(4) A suit for enforcement of the warranty on
GENERAL common elements shall be brought only by the council
of unit owners. A SUIT FOR ENFORCEMENT OF THE WARRANTY ON
LIMITED COMMON ELEMENTS MAY BE BROUGHT BY THE COUNCIL OF
UNIT OWNERS OR ANY UNIT OWNER TO WHOSE USE IT IS RESERVED.
(d) Notice of a defect shall be given within the
warranty period and suit for enforcement of the warranty
shall be brought within [a]. 1 year of the warranty period.
(e) Warranties shall not apply to any defects caused
through abuse or failure to perform maintenance by a unit
owner or the council of unit owners.
11-132.,
Drawings, architectural plans, or other suitable
documents, setting forth the necessary information for
location, maintenance, and repair of all condominium
facilities, to the extent that they exist, shall be turned
over to the council of [condominium] unit owners COUNCIL OF
UNIT OWNERS upon transfer of control by the developer.
11-135.
(a) [In the event of a] EXCEPT AS PROVIDED IN
SUBSECTION (B), A CONTRACT FOR THE resale of a unit by a
unit owner other than a developer[, the unit owner shall
furnish to a purchaser before execution of any contract for
sale of a unit or otherwise before conveyance] IS NOT
ENFORCEABLE UNLESS THE CONTRACT OF SALE CONTAINS IN
CONSPICUOUS TYPE A NOTICE IN THE FORM SPECIFIED IN
SUBSECTION (G)(1), AND THE UNIT OWNER FURNISHES TO THE
PURCHASER NOT LATER THAN 15 DAYS PRIOR TO CLOSING:
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