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Session Laws, 1987
Volume 769, Page 923   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 175

conforms to any conditions which are reasonable to protect the
safety, functioning, and appearance of the premises.

(3) BY MAJORITY VOTE, THE BOARD OF DIRECTORS MAY
GRANT TO THE STATE PERPETUAL EASEMENTS, RIGHTS-OF-WAY, LICENSES,
LEASES IN EXCESS OF 1 YEAR, OR SIMILAR INTERESTS AFFECTING THE
COMMON ELEMENTS OF THE CONDOMINIUM FOR BULKHEAD CONSTRUCTION,
DUNE CONSTRUCTION OR RESTORATION, BEACH REPLENISHMENT, OR
PERIODIC MAINTENANCE AND REPLACEMENT CONSTRUCTION, ON MARYLAND'S
OCEAN BEACHES, INCLUDING RIGHTS IN THE STATE TO RESTRICT ACCESS
TO DUNE AREAS. 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; AND

(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.

[(3)] (4) The action of the board of directors
granting any [such] easement, right-of-way, license, lease, or
similar interest under paragraph (2) OR (3) of this subsection
shall not be final until the following have occurred:

(i) Within 15 days after the vote by the board
to grant an easement, right-of-way, license, lease, or similar
interest, a petition may be filed with the board of directors
signed by the unit owners having at least 15 percent of the votes
calling for a special meeting of unit owners to vote on the
question of a disapproval of the action of the board of directors
granting such easement, right-of-way, license, lease, or similar
interest. If no such petition is received within 15 days, the
decision of the board shall be final;

(ii) If a qualifying petition is filed, a
special meeting shall be held no less than 15 days or more than
30 days from receipt of the petition. At the special meeting, if
a quorum is not present, the decision of the board of directors
shall be final;

(iii) 1. If a special meeting is held and 50
percent of the unit owners present and voting disapprove the
grant,, and the unit owners voting to disapprove the grant are
more than 33 percent of the total votes in the condominium, then
the grant shall be void;

2. If the vote of the unit owners is not

more than 33 percent of the total votes in the condominium, the

decision of the board or council to make the grant shall be
final;

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Session Laws, 1987
Volume 769, Page 923   View pdf image
 Jump to  
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