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Session Laws, 1989
Volume 771, Page 1113   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                        Ch. 5

(e) Unless provided in the declaration or bylaws, following
the taking of all or a part of any unit, the percentage interests
appurtenant to the unit shall be adjusted in proportion as the
amount of floor area of the unit so taken bears to the floor area
of the unit prior to the taking. The council of unit owners
promptly shall prepare and record an amendment to the declaration
reflecting the new percentage interests appurtenant to the unit.
Subject to subsection (g)(1) OF THIS SECTION, following (G) OF
THIS SECTION:

(1) FOLLOWING the taking of part of a unit the votes
appurtenant to that unit shall be appurtenant to the remainder of
that unit and (2) following UNIT; AND

(2) FOLLOWING the taking of all of a unit the right
to vote appurtenant to the unit shall terminate.

DRAFTER'S NOTE:

Error: Stylistic error in § ll-112(e) of the Real
Property Article.

Occurred: Ch. 641, Acts of 1974.

11-114.

(c)  Insurance policies carried pursuant to subsection (a)
OF THIS SECTION shall provide that:

(1)  Each unit owner is an insured person under the
policy with respect to liability arising out of his ownership of
an undivided interest in the common elements or membership in the
council of unit owners;

(2)  The insurer waives its right to subrogation under
the policy against any unit owner of the condominium or members
of his household;

(3)  An act or omission by any unit owner, unless
acting within the scope of his authority on behalf of the council
of unit owners, does not void the policy and is not a condition
to recovery under the policy; and

(4)  If, at the time of a loss under the policy, there
is other insurance in the name of a unit owner covering the same
property covered by the policy, the policy is primary insurance
not contributing with the other insurance.

(d)  Any loss covered by the property policy under
subsection (a)(1) OF THIS SECTION shall be adjusted with the
council of unit owners, but the insurance proceeds for that loss
shall be payable to any insurance trustee designated for that
purpose, or otherwise to the council of unit owners, and not to

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Session Laws, 1989
Volume 771, Page 1113   View pdf image
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