HARRY HUGHES, Governor

3017

(f) (1) The declaration or bylaws may give the council of
unit owners authority to grant [specific] easements,
rights-of-way, licenses, [and] LEASES IN EXCESS OF 1 YEAR, OR
similar interests affecting the common elements of the
condominium if the grant is approved by the affirmative vote of
unit owners having 66 2/3 percent or more of the votes, and with
the express written consent of the mortgagees holding an interest
in those units as to which unit owners vote affirmatively. Any
easement, right-of-way, license, or similar interest granted by
the council of unit owners under this subsection shall state that
the grant was approved by unit owners having at least 66 2/3
percent of the votes, and by the corresponding mortgagees.

(2)  THE BOARD OF DIRECTORS MAY, BY MAJORITY VOTE,
GRANT EASEMENTS, RIGHTS-OF-WAY, LICENSES, LEASES IN EXCESS 07 1
YEAR, OR SIMILAR INTERESTS FOR THE PROVISION OF UTILITY SERVICES
OR COMMUNICATION SYSTEMS FOR THE EXCLUSIVE BENEFIT OF UNITS
WITHIN THE CONDOMINIUM REGIME. THESE ACTIONS BY THE BOARD OF
DIRECTORS ARE SUBJECT TO THE FOLLOWING REQUIREMENTS:

(I)  THE ACTION SHALL BE TAKEN AT A MEETING OF
THE BOARD HELD AFTER AT LEAST 30-DAYS' NOTICE TO ALL UNIT OWNERS
AND MORTGAGEES OF RECORD WITH THE CONDOMINIUM;

(II)  AT THE MEETING, THE BOARD MAY NOT ACT
UNTIL ALL UNIT OWNERS AND MORTGAGEES SHALL BE AFFORDED A
REASONABLE OPPORTUNITY TO PRESENT THEIR VIEWS ON THE PROPOSED
EASEMENT, RIGHT-OF-WAY, LICENSE, LEASE, OR SIMILAR INTEREST;

(III)  THE EASEMENT, RIGHT-OF-WAY, LICENSE,
LEASE, OR SIMILAR INTEREST SHALL CONTAIN THE FOLLOWING
PROVISIONS:

1.   THE SERVICE OR SYSTEM SHALL BE
INSTALLED OR AFFIXED TO THE PREMISES AT NO COST TO THE INDIVIDUAL
UNIT OWNERS OR THE COUNCIL OF UNIT OWNERS OTHER THAN CHARGES
NORMALLY PAID FOR LIKE SERVICES BY RESIDENTS OF SIMILAR OR
COMPARABLE DWELLING UNITS WITHIN THE SAME AREA;

2.   THE UNIT OWNERS AND COUNCIL OF UNIT
OWNERS SHALL BE INDEMNIFIED FOR ANY DAMAGE ARISING OUT OF THE
INSTALLATION OF THE SERVICE OR SYSTEM; AND

3.  THE BOARD OF DIRECTORS SHALL BE
PROVIDED THE RIGHT TO APPROVE OF THE DESIGN FOR INSTALLATION OF
THE SERVICE OR SYSTEM IN ORDER TO INSURE THAT THE INSTALLATION
CONFORMS TO ANY CONDITIONS WHICH ARE REASONABLE TO PROTECT THE
SAFETY, FUNCTIONING, AND APPEARANCE OF THE PREMISES ; .

(3) THE ACTION OF THE BOARD OF DIRECTORS GRANTING ANY
SUCH EASEMENT, RIGHT-OF-WAY, LICENSE, LEASE, OR SIMILAR INTEREST
UNDER PARAGRAPH (2) OF THIS SUBSECTION SHALL NOT BE FINAL UNTIL
THE FOLLOWING HAVE OCCURRED: