Ch. 321                                    LAWS OF MARYLAND

11B-102.

(A)  EXCEPT AS EXPRESSLY PROVIDED IN THIS TITLE, THE
PROVISIONS OF THIS TITLE APPLY TO ALL HOMEOWNERS ASSOCIATIONS
THAT EXIST IN THE STATE AFTER JULY 1, 1987.

(B)  FOR ANY DECLARATION RECORDED BEFORE JULY 1, 1987, THE
PROVISIONS OF §§ 11B-105 AND 11B-107 OF THIS TITLE DO NOT APPLY
TO THE INITIAL SALE OF LOTS WITHIN THE DEVELOPMENT TO MEMBERS OF
THE PUBLIC IF ON JULY 1, 1987:

(1)  MORE THAN 50 PERCENT OF THE LOTS INCLUDED WITHIN
OR TO BE INCLUDED WITHIN THE DEVELOPMENT HAVE BEEN SOLD UNDER A
BONA FIDE ARM'S LENGTH TRANSACTION CONTRACT TO MEMBERS OF THE
PUBLIC WHO INTEND TO OCCUPY OR RENT THE LOTS FOR RESIDENTIAL
PURPOSES; AND

(2)  LESS THAN 100 LOTS INCLUDED WITHIN OR TO BE
INCLUDED WITHIN THE DEVELOPMENT HAVE NOT BEEN SOLD UNDER A BONA
FIDE ARM'S LENGTH CONTRACT TO MEMBERS OF THE PUBLIC WHO INTEND TO
OCCUPY OR RENT THE LOTS FOR RESIDENTIAL PURPOSES.

(C)  THE PROVISIONS OF § 11B-109 OF THIS TITLE DO NOT APPLY
TO COMMON AREA IMPROVEMENTS SUBSTANTIALLY COMPLETED BEFORE JULY
1, 1987.

(D)  THE PROVISIONS OF § 11B-105 OF THIS TITLE DO NOT APPLY
TO DEVELOPMENTS CONTAINING 12 OR FEWER LOTS OR IN WHICH 12 OR
FEWER LOTS REMAIN TO BE SOLD AS OF JULY 1, 1987.

(E)  EXCEPT AS PROVIDED IN § 11B-l0l(E) OF THIS TITLE, THIS
TITLE DOES NOT APPLY TO ANY PROPERTY WHICH IS:

(1)  PART OF A CONDOMINIUM REGIME GOVERNED BY TITLE 11
OF THIS ARTICLE;

(2)  PART OF A COOPERATIVE HOUSING CORPORATION; OR

(3)  TO BE OCCUPIED AND USED FOR NONRESIDENTIAL
PURPOSES.

(F)  FOR ANY CONTRACT FOR THE SALE OF A LOT THAT IS ENTERED
INTO BEFORE JULY 1, 1987, THE PROVISIONS OF §§ 11B-105, 11B-106,
AND 11B-107 OF THIS TITLE DO NOT APPLY.

11B-103.

EXCEPT AS EXPRESSLY PROVIDED IN THIS TITLE, THE PROVISIONS
OF THIS TITLE MAY NOT BE VARIED BY AGREEMENT, AND RIGHTS
CONFERRED BY THIS TITLE MAY NOT BE WAIVED. A DECLARANT OR VENDOR
MAY NOT ACT UNDER A POWER OF ATTORNEY OR USE ANY OTHER DEVICE TO
EVADE THE REQUIREMENTS, LIMITATIONS, OR PROHIBITIONS OF THIS
TITLE.                                                                                                                   

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