|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
HARRY HUGHES, Governor 1649
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.
(II) (III) THE COURT MAY AMEND REFORM THE
CONDOMINIUM PLAT TO CORRECT THE ERROR OR OMISSION AS THE COURT
CONSIDERS APPROPRIATE . , IF:
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.
(3) An amendment OR ORDER OF REFORMATION becomes
effective upon recordation in the same manner as the condominium
plat. IF THE CONDOMINIUM IS REGISTERED WITH THE SECRETARY OF
STATE, THE COUNCIL OF UNIT OWNERS SHALL FILE A COPY OF THE
REFORMATION AMENDMENT WITH THE SECRETARY OF STATE WITHIN 15 DAYS
OF RECORDATION.
|
|
|
|
|
|
|
|
|
|
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1983.
Approved May 31, 1983.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
