# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 40. Real Property.

### Article I. In General.

**Sec. 40-1. Knowing misrepresentation of boundaries, corners, public lands prohibited.**

  It shall be unlawful for any real property owner, real estate broker, real estate salesman or agent in selling property situated in the county, knowingly to misrepresent or knowingly to mislead the purchaser of such real property, as to the location of the boundary lines, the corners of such property and the location of contiguous land dedicated to, under easement to or owned by any public agency for the purpose of parks, roads, streets, alleys, sidewalks, crosswalks, storm drainage or other public use.

**Sec. 40-2. Subdivision plat to be provided.**

  It shall be the duty of either the property owner, broker, salesman or agent when selling an unimproved lot or a newly constructed house being sold for the first time, located within a subdivision recorded or intended to be recorded among the county land records, to provide to the purchaser, or if more than one (1) purchaser, to at least one (1) of the purchasers, prior to the entering of a contract of sale, an entire copy of the single recorded plat of subdivision on which the subject property is located or a copy of such plat as it is intended to be recorded in the land records; provided, that this provision shall not apply to subdivision plats not available from the Maryland-National Capital Park and Planning Commission. In the event that the property being sold is not an unimproved lot or a newly constructed house being sold for the first time, the purchaser shall be provided with a copy of the subdivision plat as aforesaid, or in the alternative, the purchaser in writing may waive the receipt of a copy of such plat at the time of execution of the contract, but shall prior to or at the time of settlement, be provided by the property owner, broker, salesman or agent, with a copy of the subdivision plat.

**Sec. 40-3. Penalty for violation of sections 40-1, 40-2.**

  Any person who shall violate any of the provisions of sections 40-1 and 40-2 shall be subject to punishment for a class A violation as set forth in section 1-19 of chapter 1 of the County Code.

**Sec. 40-3A. Renewable energy devices.**

  (a)   Definitions.  In this Section, the following words have the meanings indicated:

    “Renewable energy” means the following energy sources or technology:

    (1)   solar;

    (2)   wind; and

    (3)   geothermal.

    “Renewable energy device” means a device that:

    (1)   creates, converts, or actively uses renewable energy; and

    (2)   meets safety and performance standards set by a nationally recognized testing laboratory for that kind of device.

    “Owner of any building” includes a unit owner in a condominium, a lot owner in a homeowner’s association, and a shareholder in a cooperative housing corporation.

  (b)   Prohibition. A person must not create or enforce any deed restriction, covenant, rule, or regulation, or take any other action, which would prohibit the owner of any building from installing a renewable energy device.

  (c)   Applicability.

    (1)   Except as provided in paragraph (2), this Section applies to all deed restrictions, covenants, rules, and regulations adopted before and after this Section became law.

    (2)   This Section does not apply to a restriction imposed by:

      (i)   a forest conservation easement; or

      (ii)   a historic preservation requirement.