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SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take
effect October 1, 1999.
Approved May 27, 1999.
CHAPTER 658
(House Bill 728)
AN ACT concerning
Condominiums - Common Elements - Eminent Domain
FOR the purpose of authorizing a board of directors of a council of condominium unit
owners by majority vote to settle an eminent domain proceeding or grant certain
property interests to certain governmental entities with condemnation authority
for certain public purposes; specifying certain notice and procedural
requirements; making technical corrections; and generally relating to the
authority of a board of directors of a council of condominium unit owners.
BY repealing and reenacting, with amendments,
Article - Real Property
Section 11-125(f)
Annotated Code of Maryland
(1996 Replacement Volume and 1998 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Real Property
11-125.
(f) (I) The declaration or bylaws may give the council of unit owners
authority to grant easements, rights-of-way, licenses, leases in excess of 1 year, or
similar interests affecting the common elements of the condominium if the grant is
approved by the affirmative vote of unit owners having 66 2/3 percent or more of the
votes, and with the express written consent of the mortgagees holding an interest in
those units as to which unit owners vote affirmatively. Any easement, right-of-way,
license, or similar interest granted by the council of unit owners under this subsection
shall state that the grant was approved by unit owners having at least 66 2/3 percent
of the votes, and by the corresponding mortgagees.
(2) The board of directors may, by majority vote, grant easements,
rights-of-way, licenses, leases in excess of 1 year, or similar interests for the provision
of utility services or communication systems for the exclusive benefit of units within
the condominium regime. These actions by the board of directors are subject to the
following requirements:
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