2738

LAWS OF MARYLAND

Ch. 553

11-113.

[(a) Unless the declaration or bylaws state otherwise, the
dispute settlement mechanism provided by this section is
applicable to complaints or demands formally arising on or after
January 1, 1982.

(b) The board COUNCIL OF UNIT OWNERS OR BOARD OF DIRECTORS
may not impose a fine, suspend voting, or infringe upon any other
rights of a unit owner or other occupant for violations of rules
until the following procedure is followed:

(1)  Written demand to cease and desist from an
alleged violation is served upon the alleged violator specifying:

(i) The alleged violation;

(ii) The action required to abate the
violation; and

(iii) A time period, not less than 10 days,
during which the violation may be abated without further
sanction, if the violation is a continuing one, or a statement
that any further violation of the same rule may result in the
imposition of sanction after notice and hearing if the violation
is not continuing.

(2)  Within 12 months of the demand, if the violation
continues past the period allowed in the demand for abatement
without penalty or if the same rule is violated subsequently, the
board serves the alleged violator with written notice of a
hearing to be held by the board in session. The notice shall
contain:

(i) The nature of the alleged violation;

(ii) The time and place of the hearing, which
time may be not less than 10 days from the giving of the notice;

(iii) An invitation to attend the hearing and
produce any statement, evidence, and witnesses on his or her
behalf; and

(iv) The proposed sanction to be imposed.

(3)  A hearing occurs at which the alleged violator
has the right to present evidence and present and cross-examine
witnesses. The hearing shall be held in executive session
pursuant to this notice and shall afford the alleged violator a
reasonable opportunity to be heard. Prior to the effectiveness
of any sanction hereunder, proof of notice and the invitation to
be heard shall be placed in the minutes of the meeting. This
proof shall be deemed adequate if a copy of the notice, together
with a statement of the date and manner of delivery, is entered