PARRIS N. GLENDENING, Governor

Ch. 610

(II) [the] 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)] 1. 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)] 2. 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)] 3. 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)] 4. 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)]—5. No provision of this title shall be construed in derogation of
any requirement in the declaration or bylaws that all or specified number of the
mortgagees of the condominium units approve specified actions contemplated by the
council of unit owners:

(2) (i) The council of unit owners may petition the circuit court in equity
for the county in which the condominium is located to correct:

1. An improper description of the units or common elements;

or

2. An improper assignment of the percentage interests in the
common elements, common expenses, and common profits.

(ii) The petition may be brought only if:

1. The unit owners, at a special meeting called for that purpose,
vote to petition the court to correct a specific error by a vote of at least 66 2/3 percent of
the unit owners present and voting at a properly convened meeting;

2. The council of unit owners gives notice of the special meeting
to each mortgagee of record for the condominium; and

3. An opportunity is provided for the mortgagees to speak at
the special meeting upon written request to the council of unit owners.

(iii) The court may reform the declaration to correct the error or
omission as the court considers appropriate, if:

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