WILLIAM DONALD SCHAEFER, Governor                     Ch. 82

be disclosed under § 11B-105 [or], § 11B-106, OR § 11B-107 OF
THIS TITLE was provided to the purchaser, that the statements
were true and that there was no omission to state a material fact
necessary to make the statements not misleading.

[11B-109.] 11B-110.

(a)  (1) In addition to the implied warranties on private
dwelling units under § 10-203 of this article and the express
warranties on private dwelling units under § 10-202 of this
article, there shall be an implied warranty to the homeowners
association that the improvements to common areas are:

(i) Free from faulty materials;

(ii) Constructed in accordance with sound
engineering standards; and

(iii) Constructed in a workmanlike manner.

(2)  (i) Subject to the provisions of subparagraph
(ii) of this paragraph, if the improvements to the common areas
were constructed by the vendor, its agents, servants, employees,
contractors, or subcontractors, then the warranty on improvements
shall be from the vendor of the lots within the development.

(ii) If the improvements to the common areas
were constructed on the common areas prior to its conveyance to
the homeowners association, then the warranty on improvements
shall be from the grantor of the common areas.

(3)  The warranty on improvements to the common areas
begins with the first transfer of title to a lot to a member of
the public by the vendor of the lot. The warranty on
improvements to common areas not completed at that time shall
begin with the completion of the improvement or with its
availability for use by lot owners, whichever occurs later. The
warranty extends for a period of one year.

(4)  Suit for enforcement of the warranty on
improvements to the common areas may be brought by either the
homeowners association or by an individual lot owner.

(b)  Notice of a defect shall be given within the warranty
period and suit for enforcement of the warranty shall be brought
within one year of the expiration of the warranty period.

(c)  Warranties shall not apply to defects caused through
abuse or failure to perform maintenance by a lot owner or the
homeowners association.

[11B-110.] 11B-111.

- 1885 -