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HARRY HUGHES, Governor 1647
omissions in the declaration or plat under certain
circumstances; and providing that the circuit court may
amend reform the declaration or plat to correct the error or
omission in the declaration or plat under certain
circumstances; and providing for recordation of orders of
reformation and the filing of certain orders of reformation.
BY repealing and reenacting, with amendments,
Article - Real Property
Section ll-103(c) and ll-105(e)
Annotated Code of Maryland
(1981 Replacement Volume and 1982 Supplement)
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Real Property
11-103.
(c) (1) Except as PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION OR otherwise provided in this title, the declaration
may be amended only with the written consent of every unit owner
and mortgagee.
(2) (I) A UNIT OWNER OR THE COUNCIL OF UNIT OWNERS
MAY PETITION THE CIRCUIT COURT IN EQUITY FOR THE COUNTY IN WHICH
THE CONDOMINIUM IS LOCATED TO CORRECT: AN ERROR OR OMISSION IN
THE DECLARATION.
1. AN IMPROPER DESCRIPTION OF THE UNITS
OR COMMON ELEMENTS; OR
2. AN IMPROPER ASSIGNMENT OF THE
PERCENTAGE INTERESTS IN THE COMMON ELEMENTS, COMMON EXPENSES, AND
COMMON PROFITS.
(II) THE PETITION MAY BE BROUGHT ONLY IF:
1. THE UNIT OWNERS, AT A SPECIAL MEETING
CALLED FOR THAT PURPOSE, VOTE TO PETITION THE COURT TO CORRECT A
SPECIFIC ERROR BY A VOTE OF AT LEAST 66 2/3 PERCENT OF THE UNIT
OWNERS PRESENT AND VOTING AT A PROPERLY CONVENED MEETING;
2. THE COUNCIL OF UNIT OWNERS GIVES
NOTICE OF THE SPECIAL MEETING TO EACH MORTGAGEE OF RECORD FOR THE
CONDOMINIUM; AND
3. AN OPPORTUNITY IS PROVIDED FOR THE
MORTGAGEES TO SPEAK AT THE SPECIAL MEETING UPON WRITTEN REQUEST
TO THE COUNCIL OF UNIT OWNERS.
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