Ch. 610
1997 LAWS OF MARYLAND
1. The council of unit owners gives notice of the filing of the
petition to each mortgagee and unit-owner within 15 days of filing;
2. The council of unit owners-files an affidavit with the court
stating that the conditions of subparagraph (ii) of this paragraph have been met;
3. The council of unit owners proves, by a preponderance of the
evidence, that there is an error or omission as provided in subparagraph (i) of this
paragraph;
4. Any mortgagee with an interest in the condominium is
permitted to intervene in the proceedings upon filing a motion to intervene as provided in
the Maryland Rules;
5. The reformation docs not substantially impair the property
rights of any unit owner or mortgagee; and
6. The court issues an order of reformation.
(iv) A final order of reformation may be appealed by any party within
30 days of its issuance. An order of reformation may not be recorded until the appeal
period has lapsed or all appeals have been completed.
(3) An amendment or order of reformation becomes effective on
recordation in the same manner as the declaration. If the condominium is registered with
the Secretary of State, the council of unit owners shall file a copy of the order of
reformation with the Secretary of State within 15 days of recordation.
11-109.
(d) The council of unit owners may be either incorporated as a nonstock
corporation or unincorporated and it is subject to those provisions of Title 5, Subtitle 2 of
the Corporations and Associations Article of the Code which are not inconsistent with
this title. The council of unit owners has, subject to any provision of this title, AND
EXCEPT AS PROVIDED IN PARAGRAPH (22) OF THIS SUBSECTION, the declaration, and
bylaws, the following powers:
(1) To have perpetual existence, subject to the right of the unit owners to
terminate the condominium regime as provided in § 11-123 of this title;
(2) To adopt and amend reasonable rules and regulations;
(3) To adopt and amend budgets for revenues, expenditures, and reserves
and collect assessments for common expenses from unit owners;
(4) To sue and be sued, complain and defend, or intervene in litigation or
administrative proceedings in its own name on behalf of itself or two or more unit owners
on matters affecting the condominium;
(5) To transact its business, carry on its operations and exercise the powers
provided in this subsection in any state, territory, district, or possession of the United
States and in any foreign country;
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