Ch. 455 1996 LAWS OF MARYLAND
4. THE RELIEF SOUGHT IN THE ACTION.
(III) THE NOTICE SHALL BE:
1. HAND DELIVERED PROVIDED TO THE TENANT, IF ANY,
AND THE OWNER OF RECORD; OR
2. SENT BY CERTIFIED MAIL TO THE TENANT, IF ANY, AND
THE OWNER OF RECORD IN THE SAME MANNER AS SERVICE OF PROCESS IN A CIVIL
IN PERSONAM ACTION UNDER THE MARYLAND RULES.
(IV) IN FILING A SUIT UNDER THIS SECTION, A AN OFFICER OF THE
COMMUNITY ASSOCIATION SHALL CERTIFY TO THE COURT:
1. WHAT STEPS THE COMMUNITY ASSOCIATION HAS TAKEN
TO SATISFY THE NOTICE REQUIREMENTS UNDER THIS SUBSECTION; AND
2. THAT EACH CONDITION PRECEDENT TO THE FILING OF AN
ACTION UNDER THIS SECTION HAS BEEN MET.
(4) RELIEF MAY NOT BE PROVIDED UNDER THIS SECTION UNLESS THE
COMMUNITY ASSOCIATION FILES WITH THE COURT A BOND IN AN AMOUNT
DETERMINED BY THE COURT AND WITH A SURETY APPROVED BY THE COURT,
CONDITIONED TO ANSWER TO THE ADVERSE PARTY FOR ANY COSTS THE PARTY
MAY SUSTAIN AS A RESULT OF THE SUIT, INCLUDING REASONABLE ATTORNEY
FEES, IF THE COURT FINDS THAT THE ACTION WAS FILED IN BAD FAITH OR
WITHOUT SUBSTANTIAL JUSTIFICATION.
(5) (I) AN ACTION MAY NOT BE BROUGHT AGAINST AN OWNER OF
RESIDENTIAL RENTAL PROPERTY UNLESS PRIOR TO THE GIVING OF NOTICE UNDER
SUBSECTION (C)(3)(I) OF THIS SECTION. A NOTICE OF VIOLATION RELATING TO THE
NUISANCE HAS FIRST BEEN ISSUED BY AN APPROPRIATE CODE ENFORCEMENT AGENCY.
(II) IN THE CASE OF A NUISANCE BASED ON A HOUSING OR BUILDING
CODE VIOLATION OTHER THAN A RECURRENT SANITATION VIOLATION, RELIEF MAY
NOT BE GRANTED UNDER THIS SECTION UNLESS A VIOLATION NOTICE RELATING TO
THE NUISANCE HAS BEEN ISSUED BY THE DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT AND REMAINS OUTSTANDING AFTER A PERIOD OF 75 DAYS.
(6) (I) IF A VIOLATION NOTICE IS AN ESSENTIAL ELEMENT OF THE
ACTION A COPY OF THE NOTICE SIGNED BY AN OFFICIAL OF THE DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT SHALL BE PRIMA FACIE EVIDENCE OF THE
FACTS CONTAINED IN THE NOTICE
(II) A NOTICE OF ABATEMENT ISSUED BY THE DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT IN REGARD TO THE VIOLATION NOTICE
SHALL BE PRIMA FACIE EVIDENCE THAT THE PLAINTIFF IS NOT ENTITLED TO THE
RELIEF REQUESTED.
(5) (7) A PROCEEDING UNDER THIS SECTION SHALL:
(I) TAKE PRECEDENCE ON THE DOCKET;
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