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HARRY HUGHES, Governor
3003
Annotated Code of Maryland
(1981 Replacement Volume and 1983 Supplement)
BY repealing and reenacting, without amendments,
Article - Real Property
Section ll-103(c)(2) and ll-105(e)(2)
Annotated Code of Maryland
(1981 Replacement Volume and 1983 Supplement)
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] BY THE AFFIRMATIVE VOTE OF 80 PERCENT OF
THE UNIT OWNERS LISTED ON THE CURRENT ROSTER. AMENDMENTS UNDER
THIS SECTION ARE SUBJECT TO THE FOLLOWING LIMITATIONS:
(I) EXCEPT TO THE EXTENT EXPRESSLY PERMITTED OR
EXPRESSLY REQUIRED BY OTHER PROVISIONS OF THIS TITLE, AN
AMENDMENT TO THE DECLARATION MAY NOT CHANGE THE BOUNDARIES OF ANY
UNIT, THE UNDIVIDED PERCENTAGE INTEREST IN THE COMMON ELEMENTS OF
ANY UNIT, THE LIABILITY FOR COMMON EXPENSES OR RIGHTS TO COMMON
PROFITS OF ANY UNIT, OR THE NUMBER OF VOTES IN THE COUNCIL OF
UNIT OWNERS OF ANY UNIT WITHOUT THE WRITTEN CONSENT OF EVERY UNIT
OWNER AND MORTGAGEE.
(II) AN AMENDMENT TO THE DECLARATION MAY NOT
MODIFY IN ANY WAY RIGHTS EXPRESSLY RESERVED FOR THE BENEFIT OF
THE DEVELOPER OR PROVISIONS REQUIRED BY ANY GOVERNMENTAL
AUTHORITY OR FOR THE BENEFIT OF ANY PUBLIC UTILITY.
(III) EXCEPT TO THE EXTENT EXPRESSLY PERMITTED
BY THE DECLARATION, AN AMENDMENT TO THE DECLARATION MAY NOT
CHANGE RESIDENTIAL UNITS TO NONRESIDENTIAL UNITS OR CHANGE
NONRESIDENTIAL UNITS TO RESIDENTIAL UNITS WITHOUT THE WRITTEN
CONSENT OF EVERY UNIT OWNER AND MORTGAGEE.
(IV) EXCEPT AS OTHERWISE EXPRESSLY PERMITTED BY
THIS TITLE AND BY THE DECLARATION, AN AMENDMENT TO THE
DECLARATION MAY NOT REDESIGNATE GENERAL COMMON ELEMENTS AS
LIMITED COMMON ELEMENTS WITHOUT THE WRITTEN CONSENT OF EVERY UNIT
OWNER AND MORTGAGEE.
(V) NO PROVISION OF THIS TITLE SHALL BE
CONSTRUED IN DEROGATION OF ANY REQUIREMENT IN THE DECLARATION OR
BYLAWS THAT ALL OR A SPECIFIED NUMBER OF THE MORTGAGEES OF THE
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