Ch. 82

LAWS OF MARYLAND

(3) "Development" does not include a cooperative
housing corporation or a condominium.

[(f)](G)(1) "Homeowners association" means a person having
the authority to enforce the provisions of a declaration.

(2) "Homeowners association" includes an incorporated
or unincorporated association.

[(g)](H) (1) "Lot" means any plot or parcel of land on
which a dwelling is located or will be located within a
development.

(2) "Lot" includes a unit within a condominium or
cooperative housing corporation if the condominium or cooperative
housing corporation is part of a development.

(I) "PRIMARY DEVELOPMENT" MEANS A DEVELOPMENT SUCH THAT THE
PURCHASER OF A LOT WILL PAY FEES DIRECTLY TO ITS HOMEOWNERS
ASSOCIATION.

(J) "RECORDED COVENANTS AND RESTRICTIONS" MEANS ANY
INSTRUMENT OF WRITING WHICH IS REQUIRED BY LAW TO BE, OR IS
OTHERWISE, RECORDED IN THE LAND RECORDS OF THE JURISDICTION
WITHIN WHICH A LOT IS LOCATED, AND WHICH INSTRUMENT GOVERNS OR
OTHERWISE LEGALLY RESTRICTS THE USE OF SUCH LOT.

(K) "RELATED DEVELOPMENT" MEANS A DEVELOPMENT SUCH THAT THE
PURCHASER OF A LOT WILL PAY FEES TO THE HOMEOWNERS ASSOCIATION OF
SUCH DEVELOPMENT THROUGH THE HOMEOWNERS ASSOCIATION OF A PRIMARY
DEVELOPMENT OR ANOTHER DEVELOPMENT.

(L) "UNAFFILIATED DECLARANT" MEANS A PERSON WHO IS NOT
AFFILIATED WITH THE VENDOR OF A LOT BUT WHO HAS SUBJECTED SUCH
PROPERTY TO A DECLARATION REQUIRED TO BE DISCLOSED BY THIS TITLE.

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)  The provisions of §§ 11B-105 and [11B-107] 11B-108 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 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

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