Maryland Code, REAL PROPERTY 11-105
Terms Used In Maryland Code, REAL PROPERTY 11-105
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- County: means a county of the State or Baltimore City. See
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- minor: means an individual under the age of 18 years. See
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(b) The condominium plat may consist of one or more sheets and shall contain at least the following particulars:
(1) The name of the condominium;
(2) A boundary survey of the property described in the declaration showing the location of all buildings on the property and the physical markings at the corners of the property;
(3) Diagrammatic floor plans of each building on the property which show the measured dimensions, floor area, and location of each unit in it. Common elements shall be shown diagrammatically to the extent feasible; and
(4) The elevation, or average elevation in case of minor variances, above sea level, or from a fixed known point, of the upper and lower boundaries of each unit delineated on the condominium plat.
(c) Each unit shall be designated on the condominium plat by a letter or number, or a combination of them, or other appropriate designation.
(d) A condominium plat or any amendment to a condominium plat is sufficient for the purposes of this title if there is attached to, or included in it, a certificate of a professional land surveyor or property line surveyor authorized to practice in the State that:
(1) The plat, together with the applicable wording of the declaration, is a correct representation of the condominium described; and
(2) The identification and location of each unit and the common elements, as constructed, can be determined from them.
(e) (1) Except as provided in paragraph (2) of this subsection or otherwise provided in this title, the condominium plat may be amended in the same manner and to the same extent as the declaration under § 11-103(c)(1) of this title.
(2) (i) The council of unit owners may petition the circuit court in equity for the county in which the condominium is located to correct an improper description of the units or common elements.
(ii) The petition may be brought only if:
1. The unit owners, at a special meeting called for that purpose, vote to petition the court to correct a specific error by a vote of at least 66 2/3 percent of the unit owners present and voting at a properly convened meeting;
2. The council of unit owners gives notice of the special meeting to each mortgagee of record for the condominium; and
3. An opportunity is provided for the mortgagees to speak at the special meeting upon written request to the council of unit owners.
(iii) The court may reform the condominium plat to correct the error or omission as the court considers appropriate, if:
1. The council of unit owners gives notice of the filing of the petition to each mortgagee and unit owner within 15 days of filing;
2. The council of unit owners files an affidavit with the court stating that the conditions of subparagraph (ii) of this paragraph have been met;
3. The council of unit owners proves, by a preponderance of the evidence, that there is an error or omission as provided in subparagraph (i) of this paragraph;
4. Any mortgagee with an interest in the condominium is permitted to intervene in the proceedings upon filing a motion to intervene as provided in the Maryland Rules;
5. The reformation does not substantially impair the property rights of any unit owner or mortgagee; and
6. The court issues an order of reformation.
(iv) A final order of reformation may be appealed by any party within 30 days of its issuance. An order of reformation may not be recorded until the appeal period has lapsed or all appeals have been completed.
(3) An amendment or order of reformation becomes effective upon recordation in the same manner as the condominium plat. If the condominium is registered with the Secretary of State, the council of unit owners shall file a copy of the reformation amendment with the Secretary of State within 15 days of recordation.