Ch. 160

2003 LAWS OF MARYLAND

(c)      In suits to which the provisions of subsection (b) of this section apply, the
plaintiff may recover damages from the association or organization only to the extent
of the applicable limit of insurance coverage including any amount for which the
association or organization is responsible as a result of any deductible or coinsurance
provisions of such insurance coverage.

(d)     An agent of an association or organization shall be liable for damages in
any suit in which it is found that the agent acted with malice or gross negligence, to
the extent that the judgment for damages exceeds the limits on liability under
subsection (c) of this section.

(e)     The provisions of this section do not apply to suits brought by the Attorney
General upon referral by the Secretary of State in which willful violations of Title 6 of
the Business Regulation Article are alleged and proven.

(f)      (1) This section does not create, and may not be construed as creating, a
new cause of action or substantive legal right against an association or organization
or an agent of an association or organization.

(2) This section does not affect, and may not be construed as affecting,
any immunities from civil liability or defenses established by any other provision of
the Code or available at common law, to which an association or organization or an
agent of an association or organization may be entitled.

(g)     This section may be cited as the Maryland Associations, Organizations,
and Agents Act.

Article - State Government

7-108.

(A)     IN THIS SECTION, "AFFIDAVIT" MEANS A WRITTEN STATEMENT:

(1)      MADE TO THE BEST OF THE AFFIANT'S KNOWLEDGE, INFORMATION,
AND BELIEF; AND

(2)      THE CONTENTS OF WHICH ARE AFFIRMED UNDER THE PENALTIES
OF PERJURY.

(B)     A NONPROFIT ASSOCIATION, CORPORATION, OR OTHER ORGANIZATION
THAT HAS BEEN IN EXISTENCE FOR AT LEAST 5 YEARS AND PROMOTES SOCIAL
WELFARE AND GENERAL CIVIC IMPROVEMENT MAY REGISTER WITH THE
SECRETARY OF STATE AS A COMMUNITY ASSOCIATION BY FILING AN AFFIDAVIT
THAT THE ORGANIZATION MEETS THE REQUIREMENTS OF § 5-406(A)(7) OF THE
COURTS ARTICLE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be
construed to apply only prospectively and may not be applied or interpreted to have
any effect on or application to any cause of action arising before the effective date of
this Act.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2003.

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