2974

LAWS OF MARYLAND

Ch. 579

THE APPRAISALS ARE SENT OR THE FINAL JUDGMENT OF A COURT
PREVENTS THE APPRAISAL FROM BEING USED TO DETERMINE A VALUE.

11A-109.

(A)  IF THE NUMBER OF TIME-SHARES IN A TIME-SHARE PROJECT IS
MORE THAN 12, THE DEVELOPER, BEFORE THE FIRST TRANSFER OF A
TIME-SHARE, SHALL PROVIDE A MANAGING ENTITY. THE MANAGING ENTITY
MAY BE THE DEVELOPER DURING THE DEVELOPER CONTROL PERIOD OR THE
ASSOCIATION. IF THE TIME-SHARE PROJECT IS PART OF A LARGER
PROJECT CONTAINING TIME-SHARE UNITS AND OTHER UNITS, THE MANAGING
ENTITY MAY BE THE ENTITY THAT GOVERNS MANAGES THE LARGER PROJECT.
IF THE LARGER PROJECT IS A CONDOMINIUM REGIME, THE MANAGING
ENTITY MAY BE THE CONDOMINIUM COUNCIL WITH THE CONSENT OF ALL
CONDOMINIUM OWNERS. IF THE NUMBER OF TIME-SHARES IN THE
TIME-SHARE PROJECT IS 12 OR FEWER AND THERE IS NO MANAGING
ENTITY, 3 OR MORE TIME-SHARE OWNERS MAY FORM AN ASSOCIATION.

(B)  IN THE ABSENCE OF A MANAGING ENTITY REQUIRED BY THIS
SECTION, A COURT UPON APPLICATION OF A PARTY IN INTEREST, MAY
APPOINT AND PRESCRIBE THE POWERS OF A MANAGING ENTITY.

(C)  EXCEPT AS OTHERWISE PROVIDED IN THE TIME-SHARE
INSTRUMENT, THE MANAGING ENTITY HAS THE POWER TO:

(1)  INSTITUTE, DEFEND, OR INTERVENE IN LITIGATION OR
OTHER LEGAL PROCEEDINGS IN ITS OWN NAME ON BEHALF OF ITSELF OR 2
OR MORE TIME-SHARE OWNERS ON MATTERS AFFECTING TIME-SHARES,
TIME-SHARE UNITS, OR THE TIME-SHARE PROJECT;

(2)  ADOPT AND AMEND REASONABLE RULES AND REGULATIONS;

(3)  INDEMNIFY ITS DIRECTORS AND OFFICERS AND MAINTAIN
DIRECTORS' AND OFFICERS' LIABILITY INSURANCE WITH RESPECT TO THE
TIME-SHARE PROJECT;

(4)  IMPOSE CHARGES FOR LATE PAYMENTS OF ASSESSMENTS
AND, AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, LEVY REASONABLE
FINES FOR VIOLATION OF THE TIME-SHARE INSTRUMENT, BYLAWS, AND
RULES AND REGULATIONS OF THE TIME-SHARE PROJECT; AND

(5)  EXERCISE ANY OTHER POWERS NECESSARY AND PROPER
FOR THE GOVERNANCE AND OPERATION OF THE TIME-SHARE PROJECT.

(D)  EXCEPT TO THE EXTENT OTHERWISE PROVIDED IN THE
TIME-SHARE INSTRUMENT, AND TO THE EXTENT OF FUNDS AVAILABLE TO IT
FOR SUCH PURPOSES, THE MANAGING ENTITY IS RESPONSIBLE FOR THE
MAINTENANCE AND REPAIR OF AND REPLACEMENTS TO THE TIME-SHARE
UNITS AND ANY PERSONAL PROPERTY AVAILABLE FOR USE BY TIME-SHARE
OWNERS, OTHER THAN PERSONAL PROPERTY SEPARATELY OWNED BY A
TIME-SHARE OWNER. EACH TIME-SHARE OWNER SHALL AFFORD ACCESS
THROUGH HIS TIME-SHARE UNIT REASONABLY NECESSARY FOR THESE
PURPOSES, BUT IF DAMAGE IS INFLICTED ON SUCH TIME-SHARE UNIT
THROUGH WHICH ACCESS IS AFFORDED, THEN IN SUCH EVENT THE MANAGING
ENTITY SHALL PROMPTLY REPAIR SUCH DAMAGE.