2024 LAWS OF MARYLAND Ch. 572
(a) The provisions of §§ 10-202 and 10-203 of this article
apply to all sales by developers under this title. For the
purposes of this article, a newly constructed dwelling unit means
a newly constructed or newly converted condominium unit and its
appurtenant undivided fee simple interest in the common areas.
(b) In addition to the implied warranties set forth in §
10-203 of this article there shall be an implied warranty on an
individual unit from a developer to a unit owner. The warranty
on an individual unit commences with the transfer of title to
that unit and extends for a period of 1 year. The warranty shall
provide:
(1) That the developer is responsible for correcting
any defects in materials or workmanship in the construction of
walls, ceilings, floors, and heating and air conditioning systems
in the unit; and
(2) That the heating and any air conditioning systems
have been installed in accordance with acceptable industry
standards and:
(i) That the heating system is warranted to
maintain a 70° (F) temperature inside with the outdoor
temperature and winds at the design conditions established by
Article 78, § 54-I of the Code ("Energy Conservation Building
Standards Act"), or those established by the political
subdivision as provided in Article 78, § 54-I; and
(ii) That the air conditioning system is
warranted to maintain a 78° (F) temperature inside with the
outdoor temperature at the design conditions established by
Article 78, § 54-I of the Code ("Energy Conservation Building
Standards Act"), or those established by the political
subdivision as provided in Article 78, § 54-I.
(c) (1) In addition to the implied warranties set forth in
§ 10-203 of this article there shall be an implied warranty on
common elements from a developer to the council of unit owners.
The warranty shall apply to: the roof, foundation, external and
supporting walls, mechanical, electrical, and plumbing systems,
and other structural elements.
(2) The warranty shall provide that the developer is
responsible for correcting any defect in materials or
workmanship, and that the specified common elements are within
acceptable industry standards in effect when the building was
constructed.
(3) The warranty on common elements commences with
the first transfer of title to a unit owner. The warranty of any
common elements not completed at that time shall commence with
the completion of that element or with its availability for use
by all unit owners, whichever occurs later. The warranty extends
for a period of 3 years.
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