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Session Laws, 1995
Volume 793, Page 3289   View pdf image
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PARRIS N. GLENDENING, Governor                                 Ch. 576

11-103.

(c) (1) Except FOR A CORRECTIVE AMENDMENT UNDER § 11-103.1 OF THIS
SUBTITLE OR as provided in paragraph (2) of this subsection, the declaration may be
amended only with the written consent of 80 percent of the unit owners listed on the
current roster. Amendments under this section are subject to the following limitations:

(i) Except to the extent expressly permitted or expressly required by
other provisions of this title, an amendment to the declaration may not change the
boundaries of any unit, the undivided percentage interest in the common elements of any
unit, the liability for common expenses or rights to common profits of any unit, or the
number of votes in the council of unit owners of any unit without the written consent of
every unit owner and mortgagee.

(ii) An amendment to the declaration may not modify in any way rights
expressly reserved for the benefit of the developer or provisions required by any
governmental authority or for the benefit of any public utility.

(iii) Except to the extent expressly permitted by the declaration, an
amendment to the declaration may not change residential units to nonresidential units or
change nonresidential units to residential units without the written consent of every unit
owner and mortgagee.

(iv) Except as otherwise expressly permitted by this title and by the
declaration, an amendment to the declaration may not redesignate general common
elements as limited common elements without the written consent of every unit owner
and mortgagee.

(v) No provision of this title shall be construed in derogation of any
requirement in the declaration or bylaws that all or a specified number of the mortgagees
of the condominium units approve specified actions contemplated by the council of unit
owners.

11-103.1.

(A) UNLESS THE DECLARATION OR BYLAWS PROVIDE OTHERWISE AND
SUBJECT TO SUBSECTIONS (B) AND (C) OF THIS SECTION, THE COUNCIL OF UNIT
OWNERS OR THE BOARD OF DIRECTORS MAY EXECUTE AND RECORD AN
AMENDMENT TO THE DECLARATION, BYLAWS, OR PLAT, TO CORRECT:

(1)      A TYPOGRAPHICAL ERROR OR OTHER ERROR IN THE PERCENTAGE
INTERESTS OR NUMBER OF VOTES APPURTENANT TO ANY UNIT;

(2)      A TYPOGRAPHICAL ERROR OR OTHER INCORRECT REFERENCE TO
ANOTHER PRIOR RECORDED DOCUMENT; OR

(3)      A TYPOGRAPHICAL ERROR OR OTHER INCORRECT UNIT
DESIGNATION OR ASSIGNMENT OF LIMITED COMMON ELEMENTS IF THE AFFECTED
UNIT OWNERS AND THEIR MORTGAGEES CONSENT IN WRITING TO THE
AMENDMENT, AND THE CONSENT DOCUMENTS ARE RECORDED WITH THE
AMENDMENT.

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Session Laws, 1995
Volume 793, Page 3289   View pdf image
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