WILLIAM DONALD SCHAEFER, Governor                      Ch. 82

BY adding to

Article - Real Property

Section 11B-107 and 11B-113

Annotated Code of Maryland

(1981 Replacement Volume and 1987 Supplement)

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

Article - Real Property

11B-101.

(a)  In this title the following words have the meanings
indicated, unless the context requires otherwise.

(b)  "Common areas" means property which is owned or leased
by a homeowners association.

(c)  "Declarant" means any person who subjects property to a
declaration.

(d)  (1) "Declaration" means an instrument, however
denominated, recorded among the land records of the county in
which the property of the declarant is located, that creates the
authority for a homeowners association to impose on lots, or on
the owners or occupants of lots, or on another homeowners
association, condominium, or cooperative housing corporation any
mandatory fee in connection with the provision of services or
otherwise for the benefit of some or all of the lots, the owners
or occupants of lots, or the common areas.

(2)  "Declaration" includes any amendment or
supplement to the instruments described in paragraph (1) of this
subsection.

(3)  "DECLARATION" DOES NOT INCLUDE A PRIVATE
RIGHT-OF-WAY OR SIMILAR AGREEMENT UNLESS IT REQUIRES A MANDATORY
FEE PAYABLE ANNUALLY OR AT MORE FREQUENT INTERVALS.

(E) "DEPOSITORY" OR "HOMEOWNERS ASSOCIATION DEPOSITORY"
MEANS THE DOCUMENT FILE CREATED BY THE CLERK OF THE COURT OF EACH
COUNTY AND THE CITY OF BALTIMORE WHERE A HOMEOWNERS ASSOCIATION
MAY PERIODICALLY DEPOSIT INFORMATION AS REQUIRED BY THIS TITLE.

[(e)](F) (1) "Development" means property subject to a
declaration.

(2) "Development" includes property comprising a
condominium or cooperative housing corporation to the extent that
the property is part of a development.

- 1867 -