1 | 1 | | |
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2 | 2 | | |
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3 | 3 | | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. |
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4 | 4 | | [Brackets] indicate matter deleted from existing law. |
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5 | 5 | | *sb0728* |
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6 | 6 | | |
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7 | 7 | | SENATE BILL 728 |
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8 | 8 | | N1 5lr2847 |
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9 | 9 | | CF 5lr2846 |
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10 | 10 | | By: Charles County Senators |
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11 | 11 | | Introduced and read first time: January 27, 2025 |
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12 | 12 | | Assigned to: Judicial Proceedings |
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13 | 13 | | |
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14 | 14 | | A BILL ENTITLED |
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15 | 15 | | |
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16 | 16 | | AN ACT concerning 1 |
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17 | 17 | | |
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18 | 18 | | Charles County – Governing Bodies of Common Ownership Communities – 2 |
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19 | 19 | | Member Training 3 |
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20 | 20 | | |
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21 | 21 | | FOR the purpose of requiring each member of a board of directors or officer of a council of 4 |
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22 | 22 | | unit owners of a condominium in Charles County and each member of a governing 5 |
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23 | 23 | | body of a homeowners association in Charles County to successfully complete a 6 |
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24 | 24 | | certain training curriculum in a certain manner and subject to certain requirements; 7 |
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25 | 25 | | and generally relating to members of governing bodies of condominiums and 8 |
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26 | 26 | | homeowners associations in Charles County. 9 |
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27 | 27 | | |
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28 | 28 | | BY repealing and reenacting, with amendments, 10 |
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29 | 29 | | Article – Real Property 11 |
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30 | 30 | | Section 11–109 and 11B–106.1(g) 12 |
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31 | 31 | | Annotated Code of Maryland 13 |
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32 | 32 | | (2023 Replacement Volume and 2024 Supplement) 14 |
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33 | 33 | | |
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34 | 34 | | BY repealing and reenacting, without amendments, 15 |
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35 | 35 | | Article – Real Property 16 |
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36 | 36 | | Section 11B–106.1(a) 17 |
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37 | 37 | | Annotated Code of Maryland 18 |
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38 | 38 | | (2023 Replacement Volume and 2024 Supplement) 19 |
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39 | 39 | | |
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40 | 40 | | BY adding to 20 |
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41 | 41 | | Article – Real Property 21 |
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42 | 42 | | Section 11B–106.1(g) 22 |
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43 | 43 | | Annotated Code of Maryland 23 |
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44 | 44 | | (2023 Replacement Volume and 2024 Supplement) 24 |
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45 | 45 | | |
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46 | 46 | | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25 |
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47 | 47 | | That the Laws of Maryland read as follows: 26 |
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48 | 48 | | 2 SENATE BILL 728 |
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49 | 49 | | |
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50 | 50 | | |
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51 | 51 | | Article – Real Property 1 |
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52 | 52 | | |
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53 | 53 | | 11–109. 2 |
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54 | 54 | | |
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55 | 55 | | (a) The affairs of the condominium shall be governed by a council of unit owners 3 |
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56 | 56 | | which, even if unincorporated, is constituted a legal entity for all purposes. The council of 4 |
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57 | 57 | | unit owners shall be comprised of all unit owners. 5 |
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58 | 58 | | |
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59 | 59 | | (b) The bylaws may authorize or provide for the delegation of any power of the 6 |
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60 | 60 | | council of unit owners to a board of directors, officers, managing agent, or other person for 7 |
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61 | 61 | | the purpose of carrying out the responsibilities of the council of unit owners. 8 |
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62 | 62 | | |
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63 | 63 | | (C) (1) THIS SUBSECTION APPLI ES ONLY IN CHARLES COUNTY. 9 |
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64 | 64 | | |
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65 | 65 | | (2) EACH MEMBER OF A BOAR D OF DIRECTORS OR OF FICER OF A 10 |
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66 | 66 | | COUNCIL OF UNIT OWNE RS SHALL SUCCESSFULL Y COMPLETE A TRAININ G 11 |
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67 | 67 | | CURRICULUM ON THE RE SPONSIBILITIES OF BE ING A MEMBER OR AN O FFICER 12 |
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68 | 68 | | DEVELOPED BY : 13 |
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69 | 69 | | |
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70 | 70 | | (I) A COMMON OWNERSHIP COM MISSION RECOGNIZED B Y THE 14 |
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71 | 71 | | STATE OR A LOCAL GOVE RNMENT; OR 15 |
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72 | 72 | | |
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73 | 73 | | (II) AN ORGA NIZATION APPROVED TO ADMINISTER THE 16 |
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74 | 74 | | TRAINING CURRICULUM BY A RECOGNIZED COMM ON OWNERSHIP COMMISS ION. 17 |
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75 | 75 | | |
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76 | 76 | | (3) EACH MEMBER OF THE BO ARD OF DIRECTORS OR OFFICER OF THE 18 |
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77 | 77 | | COUNCIL OF UNIT OWNE RS SHALL SUCCESSFULL Y COMPLETE THE TRAIN ING 19 |
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78 | 78 | | CURRICULUM REQUIRED UNDER TH IS SUBSECTION WITHIN 90 DAYS AFTER THE 20 |
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79 | 79 | | INDIVIDUAL: 21 |
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80 | 80 | | |
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81 | 81 | | (I) IS FIRST ELECTED OR A PPOINTED TO THE OFFI CE; OR 22 |
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82 | 82 | | |
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83 | 83 | | (II) FOR AN INDIVIDUAL WHO IS IN OFFICE ON OCTOBER 1, 23 |
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84 | 84 | | 2025, BEGINS A SUBSEQUENT TERM AS A MEMBER OF THE BOARD OF DIRECTO RS OR 24 |
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85 | 85 | | AN OFFICER OF THE C OUNCIL OF UNIT OWNER S. 25 |
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86 | 86 | | |
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87 | 87 | | (4) (I) THE BOARD OF DIRECTOR S OR OFFICERS OF THE COUNCIL 26 |
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88 | 88 | | OF UNIT OWNERS SHALL : 27 |
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89 | 89 | | |
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90 | 90 | | 1. CERTIFY THAT EACH MEM BER OR OFFICER 28 |
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91 | 91 | | SUCCESSFULLY COMPLET ES THE TRAINING CURR ICULUM REQUIRED UNDE R THIS 29 |
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92 | 92 | | SUBSECTION; 30 |
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93 | 93 | | SENATE BILL 728 3 |
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94 | 94 | | |
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95 | 95 | | |
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96 | 96 | | 2. RETAIN A COPY OF TH E CERTIFICATE OF 1 |
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97 | 97 | | COMPLETION OF EACH M EMBER OR OFFICER ; AND 2 |
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98 | 98 | | |
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99 | 99 | | 3. WITHIN 90 DAYS AFTER THE CERTI FICATION OF THE 3 |
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100 | 100 | | MEMBER OR OFFICER , REPORT TO THE COMMON OWNERSHIP COMMISSION ON THE 4 |
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101 | 101 | | CERTIFICATION . 5 |
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102 | 102 | | |
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103 | 103 | | (II) A CERTIFICATE OF COMPL ETION ISSUED UNDER T HIS 6 |
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104 | 104 | | PARAGRAPH SHALL BE VALID FOR 3 YEARS. 7 |
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105 | 105 | | |
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106 | 106 | | (III) AN INDIVIDUAL WHO REM AINS A MEMBER OF THE BOARD OF 8 |
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107 | 107 | | DIRECTORS OR AN OFFI CER OF THE COUNCIL O F UNIT OWNERS AT THE TIME THE 9 |
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108 | 108 | | CERTIFICATE EXPIRES SHALL RENEW THE CERT IFICATION BY SUCCESS FULLY 10 |
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109 | 109 | | COMPLETING THE TRAIN ING REQUIRED UNDER THIS SU BSECTION. 11 |
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110 | 110 | | |
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111 | 111 | | (5) IF A MEMBER OF THE BO ARD OF DIRECTORS OR AN OFFICER OF 12 |
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112 | 112 | | THE COUNCIL OF UNIT OWNERS DOES NOT SUCC ESSFULLY COMPLETE TH E 13 |
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113 | 113 | | TRAINING REQUIRED UN DER THIS SUBSECTION , THE BOARD OF DIRECTO RS OR THE 14 |
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114 | 114 | | COUNCIL OF UNIT OWNE RS MAY: 15 |
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115 | 115 | | |
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116 | 116 | | (I) REMOVE THE INDIVIDUAL FROM THE OFFICE ; OR 16 |
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117 | 117 | | |
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118 | 118 | | (II) INVALIDATE A VOTE OF THE INDIVIDUAL . 17 |
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119 | 119 | | |
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120 | 120 | | [(c)] (D) (1) A meeting of the council of unit owners or board of directors may 18 |
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121 | 121 | | not be held on less notice than required by this section. 19 |
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122 | 122 | | |
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123 | 123 | | (2) The council of unit owners shall maintain a current roster of names and 20 |
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124 | 124 | | addresses of each unit owner to which notice of meetings of the board of directors shall be 21 |
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125 | 125 | | sent at least annually. 22 |
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126 | 126 | | |
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127 | 127 | | (3) Each unit owner shall furnish the council of unit owners with his name 23 |
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128 | 128 | | and current mailing address. A unit owner may not vote at meetings of the council of unit 24 |
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129 | 129 | | owners until this information is furnished. 25 |
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130 | 130 | | |
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131 | 131 | | (4) A regular or special meeting of the council of unit owners may not be 26 |
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132 | 132 | | held on less than 10 nor more than 90 days’: 27 |
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133 | 133 | | |
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134 | 134 | | (i) Written notice delivered or mailed to each unit owner at the 28 |
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135 | 135 | | address shown on the roster on the date of the notice; or 29 |
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136 | 136 | | |
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137 | 137 | | (ii) Notice sent to each unit owner by electronic transmission, if the 30 |
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138 | 138 | | requirements of § 11–139.1 of this title are met. 31 |
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139 | 139 | | |
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140 | 140 | | (5) Notice of special meetings of the board of directors shall be given: 32 4 SENATE BILL 728 |
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141 | 141 | | |
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142 | 142 | | |
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143 | 143 | | |
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144 | 144 | | (i) As provided in the bylaws; or 1 |
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145 | 145 | | |
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146 | 146 | | (ii) If the requirements of § 11–139.1 of this title are met, by 2 |
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147 | 147 | | electronic transmission. 3 |
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148 | 148 | | |
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149 | 149 | | (6) Except as provided in § 11–109.1 of this title, a meeting of a governing 4 |
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150 | 150 | | body shall be open and held at a time and location as provided in the notice or bylaws. 5 |
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151 | 151 | | |
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152 | 152 | | (7) (i) This paragraph does not apply to any meeting of the governing 6 |
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153 | 153 | | body that occurs at any time before the meeting at which the unit owners elect officers or a 7 |
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154 | 154 | | board of directors in accordance with paragraph (16) of this subsection. 8 |
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155 | 155 | | |
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156 | 156 | | (ii) Subject to subparagraph (iii) of this paragraph and to reasonable 9 |
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157 | 157 | | rules adopted by the governing body under § 11–111 of this title, a governing body shall 10 |
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158 | 158 | | provide a designated period of time during a meeting to allow unit owners an opportunity 11 |
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159 | 159 | | to comment on any matter relating to the condominium. 12 |
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160 | 160 | | |
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161 | 161 | | (iii) During a meeting at which the agenda is limited to specific topics 13 |
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162 | 162 | | or at a special meeting, the unit owners’ comments may be limited to the topics listed on 14 |
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163 | 163 | | the meeting agenda. 15 |
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164 | 164 | | |
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165 | 165 | | (iv) The governing body shall convene at least one meeting each year 16 |
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166 | 166 | | at which the agenda is open to any matter relating to the condominium. 17 |
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167 | 167 | | |
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168 | 168 | | (8) (i) Unless the bylaws provide otherwise, a quorum is deemed 18 |
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169 | 169 | | present throughout any meeting of the council of unit owners if persons entitled to cast 25 19 |
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170 | 170 | | percent of the total number of votes appurtenant to all units are present in person or by 20 |
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171 | 171 | | proxy. 21 |
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172 | 172 | | |
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173 | 173 | | (ii) If the number of persons present in person or by proxy at a 22 |
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174 | 174 | | properly called meeting of the council of unit owners is insufficient to constitute a quorum, 23 |
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175 | 175 | | an additional meeting of the council of unit owners may be called for the same purpose if: 24 |
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176 | 176 | | |
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177 | 177 | | 1. The notice of the initial properly called meeting stated: 25 |
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178 | 178 | | |
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179 | 179 | | A. That the procedure authorized by this paragraph might be 26 |
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180 | 180 | | invoked; and 27 |
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181 | 181 | | |
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182 | 182 | | B. The date, time, and place of the additional meeting; and 28 |
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183 | 183 | | |
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184 | 184 | | 2. A majority of the unit owners present vote in person or by 29 |
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185 | 185 | | proxy to call for the additional meeting. 30 |
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186 | 186 | | |
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187 | 187 | | (iii) 1. An additional meeting called under subparagraph (ii) of 31 |
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188 | 188 | | this paragraph shall occur not less than 15 days after the initial properly called meeting. 32 |
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189 | 189 | | SENATE BILL 728 5 |
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190 | 190 | | |
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191 | 191 | | |
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192 | 192 | | 2. Not less than 10 days before the additional meeting, a 1 |
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193 | 193 | | separate and distinct notice of the date, time, place, and purpose of the additional meeting 2 |
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194 | 194 | | called under subparagraph (ii) of this paragraph shall be: 3 |
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195 | 195 | | |
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196 | 196 | | A. Delivered, mailed, or sent by electronic transmission if the 4 |
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197 | 197 | | requirements of § 11–139.1 of this title are met, to each unit owner at the address shown 5 |
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198 | 198 | | on the roster maintained under paragraph (2) of this subsection; 6 |
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199 | 199 | | |
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200 | 200 | | B. Advertised in a newspaper published in the county where 7 |
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201 | 201 | | the condominium is located; or 8 |
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202 | 202 | | |
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203 | 203 | | C. If the condominium has a website, posted on the homepage 9 |
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204 | 204 | | of the website. 10 |
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205 | 205 | | |
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206 | 206 | | 3. The notice shall contain the quorum and voting provisions 11 |
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207 | 207 | | of subparagraph (iv) of this paragraph. 12 |
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208 | 208 | | |
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209 | 209 | | (iv) 1. At the additional meeting, the unit owners present in 13 |
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210 | 210 | | person or by proxy constitute a quorum. 14 |
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211 | 211 | | |
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212 | 212 | | 2. Unless the bylaws provide otherwise, a majority of the 15 |
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213 | 213 | | unit owners present in person or by proxy: 16 |
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214 | 214 | | |
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215 | 215 | | A. May approve or authorize the proposed action at the 17 |
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216 | 216 | | additional meeting; and 18 |
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217 | 217 | | |
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218 | 218 | | B. May take any other action that could have been taken at 19 |
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219 | 219 | | the original meeting if a sufficient number of unit owners had been present. 20 |
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220 | 220 | | |
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221 | 221 | | (v) This paragraph may not be construed to affect the percentage of 21 |
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222 | 222 | | votes required to amend the declaration or bylaws or to take any other action required to 22 |
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223 | 223 | | be taken by a specified percentage of votes. 23 |
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224 | 224 | | |
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225 | 225 | | (9) At meetings of the council of unit owners each unit owner shall be 24 |
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226 | 226 | | entitled to cast the number of votes appurtenant to his unit. Unit owners may vote by proxy, 25 |
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227 | 227 | | but the proxy is effective only for a maximum period of 180 days following its issuance, 26 |
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228 | 228 | | unless granted to a lessee or mortgagee. 27 |
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229 | 229 | | |
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230 | 230 | | (10) Any proxy may be revoked at any time at the pleasure of the unit owner 28 |
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231 | 231 | | or unit owners executing the proxy. 29 |
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232 | 232 | | |
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233 | 233 | | (11) A proxy who is not appointed to vote as directed by a unit owner may 30 |
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234 | 234 | | only be appointed for purposes of meeting quorums and to vote for matters of business 31 |
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235 | 235 | | before the council of unit owners, other than an election of officers and members of the 32 |
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236 | 236 | | board of directors. 33 |
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237 | 237 | | 6 SENATE BILL 728 |
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238 | 238 | | |
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239 | 239 | | |
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240 | 240 | | (12) Only a unit owner voting in person or by electronic transmission if the 1 |
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241 | 241 | | requirements of § 11–139.2 of this title are met or a proxy voting for candidates designated 2 |
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242 | 242 | | by a unit owner may vote for officers and members of the board of directors. 3 |
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243 | 243 | | |
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244 | 244 | | (13) Unless otherwise provided in the bylaws, a unit owner may nominate 4 |
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245 | 245 | | himself or any other person to be an officer or member of the board of directors. A call for 5 |
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246 | 246 | | nominations shall be sent to all unit owners not less than 45 days before notice of an election 6 |
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247 | 247 | | is sent. Only nominations made at least 15 days before notice of an election shall be listed 7 |
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248 | 248 | | on the election ballot. Candidates shall be listed on the ballot in alphabetical order, with 8 |
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249 | 249 | | no indicated candidate preference. Nominations may be made from the floor at the meeting 9 |
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250 | 250 | | at which the election to the board is held. 10 |
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251 | 251 | | |
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252 | 252 | | (14) Election materials prepared with funds of the council of unit owners 11 |
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253 | 253 | | shall list candidates in alphabetical order and may not indicate a candidate preference. 12 |
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254 | 254 | | |
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255 | 255 | | (15) Unless otherwise provided in this title, and subject to provisions in the 13 |
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256 | 256 | | bylaws requiring a different majority, decisions of the council of unit owners shall be made 14 |
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257 | 257 | | on a majority of votes of the unit owners listed on the current roster present and voting. 15 |
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258 | 258 | | |
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259 | 259 | | (16) (i) A meeting of the council of unit owners to elect a board of 16 |
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260 | 260 | | directors for the council of unit owners, as provided in the condominium declaration or 17 |
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261 | 261 | | bylaws, shall be held within: 18 |
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262 | 262 | | |
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263 | 263 | | 1. 60 days from the date that units representing 50 percent 19 |
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264 | 264 | | of the votes in the condominium have been conveyed by the developer to members of the 20 |
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265 | 265 | | public for residential purposes; or 21 |
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266 | 266 | | |
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267 | 267 | | 2. If a lesser percentage is specified in the declaration or 22 |
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268 | 268 | | bylaws of the condominium, 60 days from the date the specified lesser percentage of units 23 |
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269 | 269 | | in the condominium are sold to members of the public for residential purposes. 24 |
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270 | 270 | | |
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271 | 271 | | (ii) 1. Before the date of the meeting held under subparagraph 25 |
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272 | 272 | | (i) of this paragraph, the developer shall deliver to each unit owner notice that the 26 |
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273 | 273 | | requirements of subparagraph (i) of this paragraph have been met. 27 |
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274 | 274 | | |
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275 | 275 | | 2. The notice shall include the date, time, and place of the 28 |
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276 | 276 | | meeting to elect the board of directors for the council of unit owners. 29 |
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277 | 277 | | |
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278 | 278 | | (iii) If a replacement board member is elected, the term of each 30 |
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279 | 279 | | member of the board of directors appointed by the developer shall end 10 days after the 31 |
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280 | 280 | | meeting is held as specified in subparagraph (i) of this paragraph. 32 |
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281 | 281 | | |
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282 | 282 | | (iv) Within 30 days from the date of the meeting held under 33 |
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283 | 283 | | subparagraph (i) of this paragraph, the developer shall deliver to the officers or board of 34 |
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284 | 284 | | directors for the council of unit owners, as provided in the condominium declaration or 35 |
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285 | 285 | | bylaws, at the developer’s expense: 36 |
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286 | 286 | | SENATE BILL 728 7 |
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287 | 287 | | |
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288 | 288 | | |
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289 | 289 | | 1. The documents specified in § 11–132 of this title; 1 |
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290 | 290 | | |
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291 | 291 | | 2. The condominium funds, including operating funds, 2 |
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292 | 292 | | replacement reserves, investment accounts, and working capital; 3 |
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293 | 293 | | |
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294 | 294 | | 3. The tangible property of the condominium; and 4 |
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295 | 295 | | |
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296 | 296 | | 4. A roster of current unit owners, including mailing 5 |
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297 | 297 | | addresses, telephone numbers, and unit numbers, if known. 6 |
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298 | 298 | | |
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299 | 299 | | (v) The replacement reserves delivered under subparagraph (iv)2 of 7 |
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300 | 300 | | this paragraph for a residential condominium shall be equal to at least the reserve funding 8 |
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301 | 301 | | amount recommended in the reserve study completed under § 11–109.4 of this title as of 9 |
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302 | 302 | | the date of the meeting. 10 |
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303 | 303 | | |
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304 | 304 | | (vi) 1. This subparagraph does not apply to a contract entered 11 |
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305 | 305 | | into before October 1, 2009. 12 |
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306 | 306 | | |
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307 | 307 | | 2. A. In this subparagraph, “contract” means an 13 |
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308 | 308 | | agreement with a company or individual to handle financial matters, maintenance, or 14 |
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309 | 309 | | services for the condominium. 15 |
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310 | 310 | | |
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311 | 311 | | B. “Contract” does not include an agreement relating to the 16 |
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312 | 312 | | provision of utility services or communication systems. 17 |
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313 | 313 | | |
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314 | 314 | | 3. Until all members of the board of directors of the 18 |
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315 | 315 | | condominium are elected by the unit owners at a transitional meeting as specified in 19 |
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316 | 316 | | subparagraph (i) of this paragraph, a contract entered into by the officers or board of 20 |
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317 | 317 | | directors of the condominium may be terminated, at the discretion of the board of directors 21 |
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318 | 318 | | and without liability for the termination, not later than 30 days after notice. 22 |
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319 | 319 | | |
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320 | 320 | | (vii) If the developer fails to comply with the requirements of this 23 |
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321 | 321 | | paragraph, an aggrieved unit owner may submit the dispute to the Division of Consumer 24 |
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322 | 322 | | Protection of the Office of the Attorney General under § 11–130(c) of this title. 25 |
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323 | 323 | | |
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324 | 324 | | [(d)] (E) The council of unit owners may be either incorporated as a nonstock 26 |
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325 | 325 | | corporation or unincorporated and it is subject to those provisions of Title 5, Subtitle 2 of 27 |
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326 | 326 | | the Corporations and Associations Article which are not inconsistent with this title. The 28 |
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327 | 327 | | council of unit owners has, subject to any provision of this title, and except as provided in 29 |
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328 | 328 | | item (22) of this subsection, the declaration, and bylaws, the following powers: 30 |
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329 | 329 | | |
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330 | 330 | | (1) To have perpetual existence, subject to the right of the unit owners to 31 |
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331 | 331 | | terminate the condominium regime as provided in § 11–123 of this title; 32 |
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332 | 332 | | |
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333 | 333 | | (2) To adopt and amend reasonable rules and regulations; 33 |
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334 | 334 | | 8 SENATE BILL 728 |
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335 | 335 | | |
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336 | 336 | | |
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337 | 337 | | (3) To adopt and amend budgets for revenues, expenditures, and reserves 1 |
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338 | 338 | | and collect assessments for common expenses from unit owners; 2 |
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339 | 339 | | |
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340 | 340 | | (4) To sue and be sued, complain and defend, or intervene in litigation or 3 |
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341 | 341 | | administrative proceedings in its own name on behalf of itself or two or more unit owners 4 |
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342 | 342 | | on matters affecting the condominium; 5 |
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343 | 343 | | |
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344 | 344 | | (5) To transact its business, carry on its operations and exercise the powers 6 |
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345 | 345 | | provided in this subsection in any state, territory, district, or possession of the United 7 |
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346 | 346 | | States and in any foreign country; 8 |
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347 | 347 | | |
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348 | 348 | | (6) To make contracts and guarantees, incur liabilities and borrow money, 9 |
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349 | 349 | | sell, mortgage, lease, pledge, exchange, convey, transfer, and otherwise dispose of any part 10 |
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350 | 350 | | of its property and assets; 11 |
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351 | 351 | | |
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352 | 352 | | (7) To issue bonds, notes, and other obligations and secure the same by 12 |
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353 | 353 | | mortgage or deed of trust of any part of its property, franchises, and income; 13 |
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354 | 354 | | |
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355 | 355 | | (8) To acquire by purchase or in any other manner, to take, receive, own, 14 |
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356 | 356 | | hold, use, employ, improve, and otherwise deal with any property, real or personal, or any 15 |
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357 | 357 | | interest therein, wherever located; 16 |
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358 | 358 | | |
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359 | 359 | | (9) To hire and terminate managing agents and other employees, agents, 17 |
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360 | 360 | | and independent contractors; 18 |
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361 | 361 | | |
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362 | 362 | | (10) To purchase, take, receive, subscribe for or otherwise acquire, own, 19 |
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363 | 363 | | hold, vote, use, employ, sell, mortgage, loan, pledge or otherwise dispose of, and otherwise 20 |
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364 | 364 | | use and deal in and with, shares or other interests in, or obligation of corporations of the 21 |
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365 | 365 | | State, or foreign corporations, and of associations, partnerships, and individuals; 22 |
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366 | 366 | | |
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367 | 367 | | (11) To invest its funds and to lend money in any manner appropriate to 23 |
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368 | 368 | | enable it to carry on the operations or to fulfill the purposes named in the declaration or 24 |
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369 | 369 | | bylaws, and to take and to hold real and personal property as security for the payment of 25 |
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370 | 370 | | funds so invested or loaned; 26 |
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371 | 371 | | |
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372 | 372 | | (12) To regulate the use, maintenance, repair, replacement, and 27 |
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373 | 373 | | modification of common elements; 28 |
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374 | 374 | | |
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375 | 375 | | (13) To cause additional improvements to be made as a part of the general 29 |
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376 | 376 | | common elements; 30 |
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377 | 377 | | |
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378 | 378 | | (14) To grant easements, rights–of–way, licenses, leases in excess of 1 year, 31 |
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379 | 379 | | or similar interests through or over the common elements in accordance with § 11–125(f) 32 |
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380 | 380 | | of this title; 33 |
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381 | 381 | | |
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382 | 382 | | (15) To impose and receive any payments, fees, or charges for the use, rental, 34 |
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383 | 383 | | or operation of the common elements other than limited common elements; 35 SENATE BILL 728 9 |
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384 | 384 | | |
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385 | 385 | | |
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386 | 386 | | |
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387 | 387 | | (16) To impose charges for late payment of assessments and, after notice 1 |
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388 | 388 | | and an opportunity to be heard, levy reasonable fines for violations of the declaration, 2 |
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389 | 389 | | bylaws, and rules and regulations of the council of unit owners, under § 11–113 of this title; 3 |
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390 | 390 | | |
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391 | 391 | | (17) To impose reasonable charges for the preparation and recordation of 4 |
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392 | 392 | | amendments to the declaration, bylaws, rules, regulations, or resolutions, resale 5 |
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393 | 393 | | certificates, or statements of unpaid assessments; 6 |
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394 | 394 | | |
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395 | 395 | | (18) To provide for the indemnification of and maintain liability insurance 7 |
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396 | 396 | | for officers, directors, and any managing agent or other employee charged with the 8 |
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397 | 397 | | operation or maintenance of the condominium; 9 |
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398 | 398 | | |
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399 | 399 | | (19) To enforce the implied warranties made to the council of unit owners by 10 |
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400 | 400 | | the developer under § 11–131 of this title; 11 |
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401 | 401 | | |
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402 | 402 | | (20) To enforce the provisions of this title, the declaration, bylaws, and rules 12 |
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403 | 403 | | and regulations of the council of unit owners against any unit owner or occupant; 13 |
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404 | 404 | | |
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405 | 405 | | (21) Generally, to exercise the powers set forth in this title and the 14 |
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406 | 406 | | declaration or bylaws and to do every other act not inconsistent with law, which may be 15 |
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407 | 407 | | appropriate to promote and attain the purposes set forth in this title, the declaration or 16 |
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408 | 408 | | bylaws; and 17 |
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409 | 409 | | |
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410 | 410 | | (22) To designate parking for individuals with disabilities, notwithstanding 18 |
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411 | 411 | | any provision in the declaration, bylaws, or rules and regulations. 19 |
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412 | 412 | | |
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413 | 413 | | [(e)] (F) A unit owner may not have any right, title, or interest in any property 20 |
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414 | 414 | | owned by the council of unit owners other than as holder of a percentage interest in common 21 |
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415 | 415 | | expenses and common profits appurtenant to his unit. 22 |
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416 | 416 | | |
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417 | 417 | | [(f)] (G) A unit owner’s rights as holder of a percentage interest in common 23 |
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418 | 418 | | expenses and common profits are such that: 24 |
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419 | 419 | | |
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420 | 420 | | (1) A unit owner’s right to possess, use, or enjoy property of the council of 25 |
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421 | 421 | | unit owners shall be as provided in the bylaws; and 26 |
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422 | 422 | | |
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423 | 423 | | (2) A unit owner’s interest in the property is not assignable or attachable 27 |
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424 | 424 | | separate from his unit except as provided in §§ 11–107(d) and 11–112(g) of this title. 28 |
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425 | 425 | | |
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426 | 426 | | 11B–106.1. 29 |
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427 | 427 | | |
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428 | 428 | | (a) A meeting of the members of the homeowners association to elect a governing 30 |
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429 | 429 | | body of the homeowners association shall be held within: 31 |
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430 | 430 | | 10 SENATE BILL 728 |
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431 | 431 | | |
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432 | 432 | | |
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433 | 433 | | (1) 60 days from the date that at least 75% of the total number of lots that 1 |
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434 | 434 | | may be part of the development after all phases are complete are sold to members of the 2 |
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435 | 435 | | public for residential purposes; or 3 |
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436 | 436 | | |
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437 | 437 | | (2) If a lesser percentage is specified in the governing documents of the 4 |
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438 | 438 | | homeowners association, 60 days from the date the specified lesser percentage of the total 5 |
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439 | 439 | | number of lots in the development after all phases are complete are sold to members of the 6 |
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440 | 440 | | public for residential purposes. 7 |
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441 | 441 | | |
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442 | 442 | | (G) (1) THIS SUBSECTION APPLI ES ONLY IN CHARLES COUNTY. 8 |
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443 | 443 | | |
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444 | 444 | | (2) EACH MEMBER OF THE GO VERNING BODY SHALL S UCCESSFULLY 9 |
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445 | 445 | | COMPLETE A TRAINING CURRICULUM ON THE RE SPONSIBILITIES OF A MEMBER OF 10 |
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446 | 446 | | THE GOVERNING BODY DEVELOPED BY : 11 |
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447 | 447 | | |
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448 | 448 | | (I) A COMMON OWNERSHIP COM MISSION RECOGNIZED B Y THE 12 |
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449 | 449 | | STATE OR A LOCAL GOVE RNMENT; OR 13 |
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450 | 450 | | |
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451 | 451 | | (II) AN ORGANIZATION APPRO VED TO ADMINISTER TH E 14 |
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452 | 452 | | TRAINING CURRICULUM BY A RECOGNIZED COMM ON OWNERSHIP COMMISS ION. 15 |
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453 | 453 | | |
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454 | 454 | | (3) EACH MEMBER OF THE GO VERNING BODY SHALL SUCCESSFU LLY 16 |
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455 | 455 | | COMPLETE THE TRAININ G CURRICULUM REQUIRE D UNDER THIS SUBSECT ION 17 |
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456 | 456 | | WITHIN 90 DAYS AFTER THE INDIV IDUAL: 18 |
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457 | 457 | | |
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458 | 458 | | (I) IS FIRST ELECTED OR A PPOINTED TO THE GOVE RNING 19 |
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459 | 459 | | BODY; OR 20 |
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460 | 460 | | |
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461 | 461 | | (II) FOR A MEMBER WHO IS I N OFFICE ON OCTOBER 1, 2025, 21 |
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462 | 462 | | BEGINS A SUBSEQUENT TERM AS A MEMBER OF THE GOVERN ING BODY. 22 |
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463 | 463 | | |
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464 | 464 | | (4) (I) THE GOVERNING BODY SH ALL: 23 |
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465 | 465 | | |
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466 | 466 | | 1. CERTIFY THAT EACH MEM BER SUCCESSFULLY 24 |
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467 | 467 | | COMPLETES THE TRAINI NG CURRICULUM REQUIR ED UNDER THIS SUBSEC TION; 25 |
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468 | 468 | | |
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469 | 469 | | 2. RETAIN A COPY OF THE CERTIFICATE OF 26 |
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470 | 470 | | COMPLETION OF EACH MEMBER ; AND 27 |
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471 | 471 | | |
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472 | 472 | | 3. WITHIN 90 DAYS AFTER THE CERTI FICATION OF THE 28 |
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473 | 473 | | MEMBER, REPORT TO THE COMMON OWNERSHIP COMMISSION ON THE 29 |
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474 | 474 | | CERTIFICATION . 30 |
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475 | 475 | | SENATE BILL 728 11 |
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476 | 476 | | |
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477 | 477 | | |
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478 | 478 | | (II) A CERTIFICATE OF COMPL ETION ISSUED UNDER T HIS 1 |
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479 | 479 | | PARAGRAPH SHALL BE V ALID FOR 3 YEARS. 2 |
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480 | 480 | | |
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481 | 481 | | (III) IF A MEMBER OF THE GOVERNIN G BODY REMAINS A 3 |
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482 | 482 | | MEMBER OF THE GOVERN ING BODY AT THE TIME THE CERTIFICATE EXPI RES, THE 4 |
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483 | 483 | | MEMBER SHALL RENEW T HE CERTIFICATION BY SUCCESSFULLY COMPLET ING THE 5 |
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484 | 484 | | TRAINING REQUIRED UN DER THIS SUBSECTION . 6 |
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485 | 485 | | |
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486 | 486 | | (5) IF A MEMBER OF THE GO VERNING BODY DOES NOT 7 |
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487 | 487 | | SUCCESSFULLY COMPLET E THE TRAINING REQUI RED UNDER THIS SUBSE CTION, 8 |
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488 | 488 | | THE GOVERNING BODY M AY: 9 |
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489 | 489 | | |
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490 | 490 | | (I) REMOVE THE MEMBER FRO M THE GOVERNING BODY ; OR 10 |
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491 | 491 | | |
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492 | 492 | | (II) INVALIDATE A VOTE OF THE MEMBER . 11 |
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493 | 493 | | |
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494 | 494 | | [(g)] (H) If the declarant fails to comply with the requirements of this section, an 12 |
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495 | 495 | | aggrieved lot owner may submit the dispute to the Division of Consumer Protection of the 13 |
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496 | 496 | | Office of the Attorney General under § 11B–115(c) of this title. 14 |
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497 | 497 | | |
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498 | 498 | | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15 |
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499 | 499 | | October 1, 2025. 16 |
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500 | 500 | | |
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