Ch. 175                                 LAWS OF MARYLAND

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Real Property

11-125.

(f) (1) The declaration or bylaws may give the council of
unit owners authority to grant easements, rights-of-way,
licenses, 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 of 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

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