3004                                        LAWS OF MARYLAND                                     Ch. 580

CONDOMINIUM UNITS APPROVE SPECIFIED ACTIONS CONTEMPLATED BY THE
COUNCIL OF UNIT OWNERS.

(2) (i) The council of unit owners may petition the
circuit court in equity for the county in which the condominium
is located to correct:

1.  An improper description of the units
or common elements; or

2.  An improper assignment of the
percentage interests in the common elements, common expenses, and
common profits.

(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
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.

(iii) The court may reform the declaration 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.