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1648
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LAWS OF MARYLAND
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Ch. 525
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(II) (III) THE COURT MAY AMEND REFORM THE
DECLARATION TO CORRECT THE ERROR OR OMISSION AS THE COURT
CONSIDERS APPROPRIATE . , IF:
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1. THE COUNCIL OF UNIT OWNERS GIVES
NOTICE OF THE FILING OF THE PETITION TO EACH MORTGAGEE AND UNIT
OWNER WITHIN 15 DAYS OF FILING;
2. THE COUNCIL OF UNIT OWNERS FILES AN
AFFIDAVIT WITH THE COURT STATING THAT THE CONDITIONS OF
SUBPARAGRAPH (II) OF THIS PARAGRAPH HAVE BEEN MET;
3. THE COUNCIL OF UNIT OWNERS PROVES, BY
A PREPONDERANCE OF THE EVIDENCE, THAT THERE IS AN ERROR OR
OMISSION AS PROVIDED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH;
4. ANY MORTGAGEE WITH AN INTEREST IN THE
CONDOMINIUM IS PERMITTED TO INTERVENE IN THE PROCEEDINGS UPON
FILING A MOTION TO INTERVENE AS PROVIDED IN THE MARYLAND RULES;
5. THE REFORMATION DOES NOT SUBSTANTIALLY
IMPAIR THE PROPERTY RIGHTS OF ANY UNIT OWNER OR MORTGAGEE; AND
6. THE COURT ISSUES AN ORDER OF
REFORMATION.
(IV) A FINAL ORDER OF REFORMATION MAY BE
APPEALED BY ANY PARTY WITHIN 30 DAYS OF ITS ISSUANCE. AN ORDER
OF REFORMATION MAY NOT BE RECORDED UNTIL THE APPEAL PERIOD HAS
LAPSED OR ALL APPEALS HAVE BEEN COMPLETED.
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(3) An amendment OR ORDER OF REFORMATION becomes
effective on recordation in the same manner as the declaration.
IF THE CONDOMINIUM IS REGISTERED WITH THE SECRETARY OF STATE, THE
COUNCIL OF UNIT OWNERS SHALL FILE A COPY OF THE ORDER OF
REFORMATION WITH THE SECRETARY OF STATE WITHIN 15 DAYS OF
RECORDATION.
11-105.
(e) (1) Except as PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION OR otherwise provided in this title, the condominium
plat 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
CONDOMINIUM PLAT AN IMPROPER DESCRIPTION OF THE UNITS OR COMMON
ELEMENTS.
(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
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