Sec. 11C-9. Warranty.
Montgomery County, Md., Code § 11C-9 (2026)
Sec. 11C-9. Warranty.LinkCopy Citation
(a)
Scope of warranty. A developer must give a cooperative and its members a warranty on the structural elements of the real property of the cooperative, including:
(1)
Roof;
(2)
Foundation;
(3)
Ceilings;
(4)
Floor;
(5)
Walls; and
(6)
Mechanical, electrical, and plumbing systems.
(b)
Provision of warranty. A developer must warrant that:
(1)
The developer is responsible for correcting a defect in material or workmanship; and
(2)
The structural elements meet industry standards that were in effect when the building was constructed.
(c)
Beginning of warranty. A warranty under this section begins with the first issue of a membership certificate to a purchaser other than the developer.
(d)
Incomplete structural element. If a structural element is not complete at the time of the first issue of a membership certificate, the warranty on that structural element begins with the latter of:
(1)
Completion of the structural element; or
(2)
Availability of the structural element for use by all members.
(e)
Warranty period.
(1)
A one-year warranty covers elements within the exclusive use of a member occupying an individual unit, including:
(i)
Internal walls;
(ii)
Ceilings;
(iii)
Floors;
(iv)
Doors;
(v)
Fixtures; and
(vi)
Appliances.
(2)
A three-year warranty covers elements within the common use of all members, including:
(i)
External and supporting walls;
(ii)
Roof;
(iii)
Foundation;
(iv)
Mechanical, electrical, and plumbing systems; and
(v)
Common area walls, floors, ceilings, and doors.
(f)
Applicability of warranty. A warranty under this section does not apply to a defect caused by abuse or failure to perform maintenance by:
(1)
A member; or
(2)
A cooperative after control transfers to cooperative members.
(g)
Notice of defect. Within the warranty period, either a member or the cooperative must give the developer notice of a defect that is known.
(h)
Suit for enforcement. Within one (1) year after a warranty period ends, the member or the cooperative may file a suit for enforcement of a warranty under this section.