Ch. 482

1997 LAWS OF MARYLAND

(II) THE NOTICE SHALL SPECIFY:

1. THE NATURE OF THE ALLEGED NUISANCE;

2. THE DATE AND TIME OF DAY THE NUISANCE WAS FIRST
DISCOVERED DOCUMENTED;

3. THE LOCATION ON THE PROPERTY WHERE THE
NUISANCE IS ALLEGEDLY OCCURRING; AND

4. THE RELIEF SOUGHT.

(III) THE NOTICE SHALL BE PROVIDED 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) (III) IN FILING A SUIT UNDER THIS SECTION, 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.

(4) THE COURT SHALL DETERMINE IN WHAT AMOUNT AND UNDER
WHAT CONDITIONS, IF ANY, A BOND SHALL BE FILED BY A COMMUNITY
ASSOCIATION IN AN ACTION FOR RELIEF UNDER THIS SECTION.

(5) A PROCEEDING UNDER THIS SECTION SHALL:

(I) TAKE PRECEDENCE ON THE DOCKET;

(II) BE HEARD AT THE EARLIEST PRACTICABLE DATE; AND

(III) BE EXPEDITED IN EVERY WAY.

(D) A POLITICAL SUBDIVISION OF THE STATE OR ANY AGENCY OF A
POLITICAL SUBDIVISION IS NOT SUBJECT TO ANY ACTION BROUGHT UNDER THIS
SECTION OR AN ACTION RESULTING FROM AN ACTION BROUGHT UNDER THIS
SECTION AGAINST A PRIVATE PROPERTY OWNER.

(E) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, THIS SECTION
MAY NOT BE CONSTRUED TO ABROGATE ANY EQUITABLE OR LEGAL RIGHT OR
REMEDY OTHERWISE AVAILABLE UNDER THE LAW TO ABATE A NUISANCE.

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