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] APPROPRIATE CODE ENFORCEMENT AGENCY 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] APPROPRIATE CODE ENFORCEMENT AGENCY in
regard to the violation notice shall be prima facie evidence that the plaintiff is not
entitled to the relief requested.
(7) 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.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1999.
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