2988
LAWS OF MARYLAND
Ch. 579
(C) (1) IN ADDITION TO THE IMPLIED WARRANTIES SET FORTH IN
SECTION 10-203 OF THIS ARTICLE, THERE IS AN IMPLIED WARRANTY FROM
THE DEVELOPER TO THE ASSOCIATION THAT THE DEVELOPER WILL CORRECT
ANY DEFECT IN MATERIAL OR WORKMANSHIP IN THE COMMON ELEMENTS,
INCLUDING THE ROOF, FOUNDATION, EXTERNAL AND BEARING WALLS,
MECHANICAL, ELECTRICAL, AND PLUMBING SYSTEMS, AND OTHER
STRUCTURAL ELEMENTS OF THE COMMON ELEMENTS, AND THAT THE COMMON
ELEMENTS ARE WITHIN ACCEPTABLE INDUSTRY STANDARDS IN EFFECT WHEN
SUCH COMMON ELEMENTS WERE CONSTRUCTED.
(2) THE WARRANTY OF THIS SUBSECTION COMMENCES WHEN A
GIVEN COMMON ELEMENT IS COMPLETED OR WHEN IT IS MADE AVAILABLE TO
A TIME-SHARE PURCHASER, WHICHEVER SHALL LATER OCCUR, AND SHALL
CONTINUE FOR A PERIOD OF 3 YEARS.
(D) (1) A SUIT FOR ENFORCEMENT OF A WARRANTY MAY BE BROUGHT
BY A TIME-SHARE OWNER OR BY THE ASSOCIATION. IF ANY WARRANTY IS
BREACHED, THE COURT MAY AWARD LEGAL OR EQUITABLE RELIEF, OR BOTH.
(2) NOTICE OF A DEFECT SHALL BE GIVEN WITHIN THE
WARRANTY PERIOD AND SUIT FOR ENFORCEMENT SHALL BE BROUGHT WITHIN
.1 YEAR OF THE END OF THE WARRANTY PERIOD.
(3) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II), A
CAUSE OF ACTION FOR BREACH OF WARRANTY, REGARDLESS OF THE
PURCHASER'S LACK OF KNOWLEDGE OF THE BREACH, ACCRUES, UNLESS
EXTENDED BY AGREEMENT:
1. AS TO A UNIT, 6 MONTHS AFTER THE TIME
THE UNIT IS FIRST OCCUPIED BY A PURCHASER; AND
2. AS TO OTHER IMPROVEMENTS, AT THE TIME
EACH IS COMPLETED.
(II) IF A WARRANTY EXPLICITLY EXTENDS TO FUTURE
PERFORMANCE OR DURATION OF ANY IMPROVEMENT OR COMPONENT OF THE
TIME-SHARE PROJECT, THE CAUSE OF ACTION ACCRUES AT THE TIME THE
BREACH IS DISCOVERED OR AT THE END OF THE PERIOD FOR WHICH THE
WARRANTY EXPLICITLY EXTENDS, WHICHEVER IS EARLIER.
(E) WARRANTIES SHALL NOT APPLY TO ANY DEFECTS CAUSED
THROUGH ABUSE OR FAILURE TO PERFORM MAINTENANCE BY A TIME-SHARE
OWNER, THE ASSOCIATION, OR MANAGING ENTITY, IF OTHER THAN THE
DEVELOPER.
11A-118.
(A) A DEVELOPER SHALL FURNISH EACH PURCHASER A COPY OF THE
SALES CONTRACT WHICH CONTAINS THE FOLLOWING INFORMATION:
(1) THE DATE THE CONTRACT IS EXECUTED BY EACH PARTY;
(2) THE NAME AND ADDRESS OF THE DEVELOPER;
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