ROBERT L. EHRLICH, JR., Governor                           H.B. 878

(b)     "Common areas" means property which is owned or leased by a
homeowners association.

(c)     "Declarant" means any person who subjects property to a declaration.

(d)     (1) "Declaration" means an instrument, however denominated, recorded
among the land records of the county in which the property of the declarant is located,
that creates the authority for a homeowners association to impose on lots, or on the
owners or occupants of lots, or on another homeowners association, condominium, or
cooperative housing corporation any mandatory fee in connection with the provision
of services or otherwise for the benefit of some or all of the lots, the owners or
occupants of lots, or the common areas.

(2)     "Declaration" includes any amendment or supplement to the
instruments described in paragraph (1) of this subsection.

(3)     "Declaration" does not include a private right-of-way or similar
agreement unless it requires a mandatory fee payable annually or at more frequent
intervals.

(e)     "Depository" or "homeowners association depository" means the document
file created by the clerk of the court of each county and the City of Baltimore where a
homeowners association may periodically deposit information as required by this
title.

(f)      (1) "Development" means property subject to a declaration.

(2)     "Development" includes property comprising a condominium or
cooperative housing corporation to the extent that the property is part of a
development.

(3)     "Development" does not include a cooperative housing corporation or
a condominium.

(g)     "ELECTRONIC TRANSMISSION" MEANS ANY FORM OF COMMUNICATION,
NOT DIRECTLY INVOLVING THE PHYSICAL TRANSMISSION OF PAPER THAT CREATES
A RECORD THAT:

(1)      MAY BE RETAINED, RETRIEVED, AND REVIEWED BY A RECIPIENT OF
THE COMMUNICATION; AND

(2)      MAY BE REPRODUCED DIRECTLY IN PAPER FORM BY A RECIPIENT
THROUGH AN AUTOMATED PROCESS.

(H) "Governing body" means the homeowners association, board of directors, or
other entity established to govern the development.

[(h)] (I) (1) "Homeowners association" means a person having the authority
to enforce the provisions of a declaration.

(2) "Homeowners association" includes an incorporated or
unincorporated association.

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