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Marginalia
Code · Maryland · Real Property

§ 11-104

782 words·~4 min read·/md/real-property/11-104

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§11–104.
(a)The administration of every condominium shall be governed by bylaws which shall be recorded with the declaration. If the council of unit owners is incorporated, these bylaws shall be the bylaws of that corporation.
(b)The bylaws shall express at least the following particulars:
(1)The form of administration, indicating whether the council of unit owners shall be incorporated or unincorporated, and whether, and to what extent, the duties of the council of unit owners may be delegated to a board of directors, manager, or otherwise, and specifying the powers, manner of selection, and removal of them;
(2)The mailing address of the council of unit owners;
(3)The method of calling the unit owners to assemble; the attendance necessary to constitute a quorum at any meeting of the council of unit owners; the manner of notifying the unit owners of any proposed meeting; who presides at the meetings of the council of unit owners, who keeps the minute book for recording the resolutions of the council of unit owners, and who counts votes at meetings of the council of unit owners; and
(4)The manner of assessing against and collecting from unit owners their respective shares of the common expenses.
(c)The bylaws also may contain any other provision regarding the management and operation of the condominium including any restriction on or requirement respecting the use and maintenance of the units and the common elements.
(d)The bylaws may contain a provision prohibiting any unit owner from voting at a meeting of the council of unit owners if the council of unit owners has recorded a statement of condominium lien on his unit and the amount necessary to release the lien has not been paid at the time of the meeting.
(1)A corrective amendment to the bylaws may be made in accordance with § 11–103.1 of this title, or as provided in paragraph
(2)of this subsection.
(i)Except as provided in subparagraph
(ii)of this paragraph, the bylaws may be amended by the affirmative vote of unit owners as provided under paragraph
(6)of this subsection.
(ii)The bylaws may be amended by the affirmative vote of unit owners having at least 51% of the votes in the council of unit owners for the purpose of requiring all unit owners to maintain condominium unit owner insurance policies on their units.
(i)Except as provided in paragraph
(4)of this subsection, if the declaration or bylaws contain a provision requiring any action on the part of the holder of a mortgage or deed of trust on a unit in order to amend the bylaws, that provision shall be deemed satisfied if the procedures under this paragraph are satisfied.
(ii)If the declaration or bylaws contain a provision described in subparagraph
(i)of this paragraph, the council of unit owners shall cause to be delivered to each holder of a mortgage or deed of trust entitled to notice, a copy of the proposed amendment to the bylaws.
(iii)If a holder of the mortgage or deed of trust that receives the proposed amendment fails to object, in writing, to the proposed amendment within 60 days from the date of actual receipt of the proposed amendment, the holder shall be deemed to have consented to the adoption of the amendment.
(4)Paragraph
(3)of this subsection does not apply to amendments that:
(i)Alter the priority of the lien of the mortgage or deed of trust;
(ii)Materially impair or affect the unit as collateral; or
(iii)Materially impair or affect the right of the holder of the mortgage or deed of trust to exercise any rights under the mortgage, deed of trust, or applicable law.
(5)Each particular set forth in subsection
(b)of this section shall be expressed in the bylaws as amended. An amendment under paragraph
(2)of this subsection shall be entitled to be recorded if accompanied by a certificate of the person specified in the bylaws to count votes at the meeting of the council of unit owners that the amendment was approved by unit owners having the required percentage of the votes and shall be effective on recordation. This certificate shall be conclusive evidence of approval.
(i)In this paragraph, “in good standing” means not being more than 90 days in arrears in the payment of any assessment or charge due to the condominium.
(ii)Notwithstanding the provisions of the bylaws, the council of unit owners may amend the bylaws by the affirmative vote of unit owners in good standing having at least 60% of the votes in the council, or by a lower percentage if required in the bylaws.
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