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Statutes Text

Article - Real Property




§11–134.1.

    (a)    In this section, “vendor” has the meaning stated in § 10–201 of this article.

    (b)    This section does not apply to:

        (1)    A unit that is occupied and used solely for nonresidential purposes;

        (2)    An agreement or other instrument entered into by a developer or vendor and a council of unit owners for the purpose of settling a disputed claim after the date on which the unit owners, other than the developer and its affiliates, first elect a controlling majority of the members of the board of directors for the council of unit owners; or

        (3)    An agreement or other instrument entered into by a developer or vendor and a unit owner for the purpose of settling a disputed claim after the date the unit is conveyed to the purchaser of the unit.

    (c)    (1)    Any provision of a declaration, a bylaw, a contract for the initial sale of a unit to a member of the public, or any other instrument made by a developer or vendor in accordance with this title shall be unenforceable if the provision:

            (i)    Shortens the statute of limitations applicable to any claim;

            (ii)    Waives the application of the discovery rule or other accrual date applicable to a claim;

            (iii)    Requires a unit owner or the council of unit owners to assert a claim subject to arbitration within a period of time that is shorter than the statute of limitations applicable to the claim; or

            (iv)    Operates to prevent a unit owner or the council of unit owners from filing a lawsuit, initiating arbitration proceedings for a claim subject to arbitration, or otherwise asserting a claim within the statute of limitations applicable to the claim.

        (2)    Paragraph (1) of this subsection applies only to a provision relating to any right of a unit owner or council of unit owners to bring a claim under applicable law alleging the failure to comply with:

            (i)    Applicable building codes;

            (ii)    Plans and specifications approved by a county or municipality;

            (iii)    Manufacturer’s installation instructions; or

            (iv)    Warranty provisions under § 10–203 of this article and § 11–131 of this title.