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<chapter heading="Chapter 11A. Condominiums - Regulations">
  <section heading="Montgomery County Code, Chapter 11A, Sec. 11A-3 Right of First Refusal to Purchase Rental Facilities - Regulations">
    <regulation heading="Montgomery County Code, Chapter 11A, Sec. 11A-3 Right of First Refusal to Purchase Rental Facilities - Regulations">
      <subsection heading="COMCOR 11A.03.01 Administrative Guideline for Compliance with Right of First Refusal on Rental Facilities" />
    </regulation>
  </section>
  <section heading="Sec. 11A-5 Extended Leases - Regulations">
    <regulation heading="COMCOR 11A.05.01 Notice to Tenants of Extended Tenancy Provisions and Application Procedures">
      <subsection heading="11A.05.01.01 Notice to Tenants">
        <paragraph indent="2">1.1   Concurrently with the giving of the Notice of Intention to Create a Condominium as required by Section 11-102.1, Condominium Act, Real Property Article, Annotated Code of Maryland, the developer must give notice, in writing, to each tenant of the rights of certain elderly, handicapped, and low and moderate income tenants to extended leases as described in Section 11A-5 of the Montgomery County Code, as amended, and in Section 11-137 of the Real Property Article, Annotated Code of Maryland.</paragraph>
        <paragraph indent="0">1.2   The Notice must clearly describe:</paragraph>
        <paragraph indent="4">(1)   the terms of the extended tenancies, including but not limited to the length of the extensions, the provisions for rent increases during the period of extended tenancy, and the rights of the tenant to terminate an extension;</paragraph>
        <paragraph indent="4">(2)   the eligibility requirements for the extensions, including but not limited to an explanation of how priority for the extensions will be determined;</paragraph>
        <paragraph indent="4">(3)   the provisions for applying for extended tenancies, including but not limited to the deadline for application;</paragraph>
        <paragraph indent="4">(4)   the rights of tenants to relocation assistance, including but not limited to the right to moving expenses and the right of certain tenants to a payment equal to three (3) months rent; and</paragraph>
        <paragraph indent="4">(5)   any other information necessary to enable a tenant to determine whether and how he or she should apply for an extended tenancy. A specimen copy of that Notice must be filed with the Montgomery County Office of Consumer Affairs.</paragraph>
      </subsection>
      <subsection heading="11A.05.01.02 Severability">
        <paragraph indent="0">2.1   The provisions of this regulation are severable. If a court holds that a provision is invalid or inapplicable, the remainder of the regulation remains in effect.</paragraph>
      </subsection>
    </regulation>
    <regulation heading="COMCOR 11A.05.02 Condominium Leasing Practices">
      <subsection heading="11A.05.02.01 Definitions">
        <paragraph indent="0">1.1   Condominium; Condominium Regime. "Condominium" and "Condominium Regime" means property established as a condominium regime under Title 11, Real Property Article, Annotated Code of Maryland.</paragraph>
        <paragraph indent="0">1.2   Developer. "Developer" means any person who subjects his or her property to a condominium regime, or any person who is the successor in title to ownership of a unit in a condominium.</paragraph>
        <paragraph indent="0">1.3   Extended Lease. "Extended Lease" means a lease granted to a tenant under the provisions of Section 11A-5, Condominiums, Montgomery County Code.</paragraph>
        <paragraph indent="0">1.4   Rental Assistance. "Rental Assistance" means any payment received by a tenant from a local, State, or Federal government agency to be used toward the payment of rent.</paragraph>
      </subsection>
      <subsection heading="11A.05.02.02 Leasing Practices">
        <paragraph indent="0">2.1   A developer must continue to accept rental assistance from a tenant who is the subject of an extended lease.</paragraph>
      </subsection>
      <subsection heading="11A.05.02.03 Severability">
        <paragraph indent="0">3.1   The provisions of this regulation are severable. If a court holds that a provision is invalid  or inapplicable, the remainder of the regulation remains in effect.</paragraph>
      </subsection>
    </regulation>
  </section>
  <section heading="Sec. 11A-6 Public Offering Statement - Regulations">
    <regulation heading="COMCOR 11A.06.01 Condominium Disclosure Documents, Public Offering Statement and Consumer Guide">
      <subsection heading="11A.06.01.01 Filing of Public Offering Statement and Consumer Guide">
        <paragraph indent="0">1.1   In the case of a conversion, the developer must file with the Office of Consumer Affairs, four (4) copies each of the Public Offering Statement and the Consumer Guide. The developer must provide the Office of Consumer Affairs with additional copies upon request. In the case of new construction, the developer must file with the Office of Consumer Affairs two (2) copies each of the Public Offering Statement and the Consumer Guide.</paragraph>
        <paragraph indent="0">1.2   The Consumer Guide must be printed on 8 ½"  x 11" paper and be in type no smaller than standard elite (except when reduced photocopies of actual documents are included). All pages must be numbered.</paragraph>
      </subsection>
      <subsection heading="11A.06.01.02 Developer Information">
        <paragraph indent="0">2.1   The Consumer Guide must contain the following information:</paragraph>
        <paragraph indent="3">a)   Name and address of developer.</paragraph>
        <paragraph indent="3">b)   Nature of the legal entity comprising the developer.</paragraph>
        <paragraph indent="3">c)   Names and addresses of all individuals or other legal entities who are partners or corporate officers or directors of the developer.</paragraph>
        <paragraph indent="3">d)   Names and addresses of all partners of any partnership, all officers and directors of any corporation, and all trustees of any trust.</paragraph>
        <paragraph indent="3">e)   Names and addresses of other condominiums built or converted within the preceding five years by the developer or by any person identified in Sections c and d, above, either individually or as a general partner in another developer.</paragraph>
        <paragraph indent="3">f)   Names and addresses of any lending institutions, or other sources, providing acquisition, construction, or interim financing.</paragraph>
        <paragraph indent="3">g)   Nature and extent of protection to the purchaser if the developer defaults on acquisition, construction, or interim financing, or on any blanket encumbrance.</paragraph>
        <paragraph indent="3">h)   Nature and extent of protection to the purchaser from mechanics’ liens.</paragraph>
        <paragraph indent="3">i)   Names and addresses of architects, engineers, or contractors involved in renovation work in a condominium conversion.</paragraph>
      </subsection>
      <subsection heading="11A.06.01.03 Purchase Information">
        <paragraph indent="0">3.1   Statement of sale prices</paragraph>
        <paragraph indent="3">a)   To the public for owner occupancy.</paragraph>
        <paragraph indent="3">b)   To the public for investment (if different from a, above).</paragraph>
        <paragraph indent="3">c)   To existing tenants for owner occupancy.</paragraph>
        <paragraph indent="3">d)   To existing tenants for investment (if different from c, above).</paragraph>
        <paragraph indent="0">3.2   Disposition of purchasers' deposits</paragraph>
        <paragraph indent="3">a)   Amount of deposit required.</paragraph>
        <paragraph indent="3">b)   Name and address of institution which will hold purchasers' deposits.</paragraph>
        <paragraph indent="3">c)   Nature and extent of protection of deposits.</paragraph>
        <paragraph indent="3">d)   Rate of interest, if any, to be earned.</paragraph>
        <paragraph indent="0">3.3   Estimated itemized monthly housing costs</paragraph>
        <paragraph indent="3">a)   Principal and interest</paragraph>
        <paragraph indent="3">b)   Taxes</paragraph>
        <paragraph indent="3">c)   Condominium fee</paragraph>
        <paragraph indent="3">d)   Fees for any facilities to be used by condominium owners which are not part of the condominium.</paragraph>
        <paragraph indent="3">e)   Deferred water and sewer charges</paragraph>
        <paragraph indent="3">f)   Special improvement assessments.</paragraph>
        <paragraph indent="0">3.4   Itemized list of costs included in condominium fee.</paragraph>
        <paragraph indent="0">3.5   Names and addresses of institutions offering long-term financing and terms of such financing.</paragraph>
        <paragraph indent="0">3.6   Estimated itemized closing costs.</paragraph>
        <paragraph indent="0">3.7   Date on which condominium regime was or will be established.</paragraph>
        <paragraph indent="0">3.8   Projected earliest and latest dates of settlement on individual units.</paragraph>
        <paragraph indent="0">3.9   Sample deed.</paragraph>
        <paragraph indent="0">3.10 Copy of sales brochure</paragraph>
        <paragraph indent="3">-   if published subsequently, a copy of the sales brochure must be filed with the Office of Consumer Affairs ten (10) days prior to public distribution.</paragraph>
        <paragraph indent="0">3.11   A statement providing the method and timing of transfer of control of the Council of Unit Owners to unit purchasers.</paragraph>
      </subsection>
      <subsection heading="11A.06.01.04 Condominium Description Information">
        <paragraph indent="0">4.1   The required description of the condominium must include but not be limited to:</paragraph>
        <paragraph indent="0">4.2   Description of units</paragraph>
        <paragraph indent="3">a)   Physical description of all residential units</paragraph>
        <paragraph indent="3">b)   Nature and extent of ownership of all residential units</paragraph>
        <paragraph indent="3">c )   Number and location of all non-residential units</paragraph>
        <paragraph indent="3">d)   Uses (e.g. professional, office, commercial, etc.) of all non-residential units</paragraph>
        <paragraph indent="3">e)   A statement of any restrictions on use of units.</paragraph>
        <paragraph indent="0">4.3   Description of common elements.</paragraph>
        <paragraph indent="0">4.4   Description of facilities to be used-by condominium owners which are not part of the condominium along with any fees for such use.</paragraph>
        <paragraph indent="0">4.5   Description of the division of maintenance responsibilities between the Council of Unit Owners and the individual unit owner. This description must include specific examples, particularly for doors, windows, and other items at the boundaries of units and common elements; limited common elements; and any items which are not part of the units but are the unit owner's obligation to maintain.</paragraph>
        <paragraph indent="0">4.6   Disclosure of developer ownership and/or plans or intentions of the developer for the development of any land contiguous to the condominium, including the projected dates for commencement and completion of such development.</paragraph>
        <paragraph indent="0">4.7   Itemization of all renovation and rehabilitation work to be performed on units and common elements.</paragraph>
        <paragraph indent="0">4.8   Projected completion dates for new construction or for each item of renovation and rehabilitation.</paragraph>
        <paragraph indent="0">4.9   Disclosure of all outstanding building or housing code violations.</paragraph>
        <paragraph indent="0">4.10   Disclosure of any pending litigation, liens, judgments or other matters of record with respect to the condominium, the land on which the condominium is built, or the rental facility to be converted to a condominium regime which could affect the developer's ability to convey clear title.</paragraph>
        <paragraph indent="0">4.11   In the case of a conversion, disclosure of all administrative, operating, management, capital, maintenance, and other costs of the rental facility for each of the three years immediately preceding conversion.</paragraph>
        <paragraph indent="0">4.12   Plat</paragraph>
        <paragraph indent="0">4.13   Statement of all warranties, including statutory implied warranties. If any purchaser will be asked to consent to any legally permitted exclusion or modification of any implied warranty, a copy of the written consent form to be used must be provided.</paragraph>
      </subsection>
      <subsection heading="11A.06.01.05 Certification of Information">
        <paragraph indent="0">5.1   The Consumer Guide must contain an affidavit, executed in accordance with State Law, by a senior executive officer of the developer, on behalf of the developer, certifying that the information, documents, and representations in the Consumer Guide, and any amendments, supplements, or modifications are full, true, complete and correct. The affidavit must further certify that the developer must carry out the promises, warranties, and obligations set forth in the Consumer Guide or has delineated who is responsible for promises, warranties, or obligations for which the developer is not responsible and has provided warnings required by law.</paragraph>
      </subsection>
      <subsection heading="11A.06.01.06 Consumer Warning">
        <paragraph indent="0">6.1   The cover of the Consumer Guide must contain the following warning, double-spaced and capitalized.</paragraph>
        <paragraph indent="3">"IT IS UNLAWFUL FOR ANYONE TO MAKE ANY REPRESENTATION THAT MONTGOMERY COUNTY, MARYLAND HAS PASSED UPON THE MERITS OF, OR GIVEN APPROVAL TO, THIS CONDOMINIUM. IT IS UNLAWFUL FOR ANYONE TO MAKE ANY REPRESENTATIONS WHICH DIFFER FROM THE REPRESENTAIONS IN THIS CONSUMER GUIDE OR IN THE PUBLIC OFFERING STATEMENT."</paragraph>
      </subsection>
      <subsection heading="11A.06.01.07 Severability">
        <paragraph indent="0">7.1   The provisions of this regulation are severable. If a court holds that a provision is invalid or inapplicable, the remainder of the regulation remains in effect.</paragraph>
      </subsection>
    </regulation>
    <regulation heading="COMCOR 11A.06.02 Notification to Tenants of Filing of Public Offering Statement and Consumer Guide">
      <subsection heading="11A.06.02.01 Notification to Tenants">
        <paragraph indent="0">1.1   Concurrently with the filing of the Public Offering Statement and Consumer Guide with the Office of Consumer Affairs, the developer must deliver a notice to each tenant advising that the Public Offering Statement and Consumer Guide have been filed with the Office of Consumer Affairs and that tenants have the right to review these documents.</paragraph>
      </subsection>
      <subsection heading="11A.06.02.02 Severability">
        <paragraph indent="0">2.1   The provisions of this regulation are severable. If a court holds that a provision is invalid or inapplicable, the remainder of the regulation remains in effect.</paragraph>
      </subsection>
    </regulation>
  </section>
  <section heading="Sec. 11A-7 Consumer Guide - Regulations">
    <regulation heading="COMCOR 11A.07.01 Condominium Documents, Budgeted Reserves">
      <subsection heading="11A.07.01.01 Establishment of Budgeted Reserves">
        <paragraph indent="2">1.1   In the case of either a conversion condominium or a new construction condominium, the developer must establish a reserve fund at a level adequate for deferred maintenance, repairs and replacement of those common elements or major components of common elements that must be replaced on a periodic basis. The developer must contribute to such a reserve fund in proportion to the number of condominium units owned by the developer.</paragraph>
      </subsection>
      <subsection heading="11A.07.01.02 Definitions">
        <paragraph indent="0">2.1   "Common elements" is defined as all of the condominium except the units.</paragraph>
        <paragraph indent="0">2.2   "Major components of common elements" is defined as including but not limited to the following:</paragraph>
        <paragraph indent="3">•   painting</paragraph>
        <paragraph indent="3">•   outside lighting fixtures</paragraph>
        <paragraph indent="3">•   roofing</paragraph>
        <paragraph indent="3">•   carpets and floors in common areas</paragraph>
        <paragraph indent="3">•   boilers</paragraph>
        <paragraph indent="3">•   elevators</paragraph>
        <paragraph indent="3">•   central heat &amp; air conditioning</paragraph>
        <paragraph indent="3">•   private streets/driveways</paragraph>
        <paragraph indent="3">•   recreational facilities/amenities</paragraph>
        <paragraph indent="3">•   furnishings and equipment</paragraph>
        <paragraph indent="3">•   piping</paragraph>
        <paragraph indent="3">•   miscellaneous underground utilities, i.e., storm sewers, water pipes, and electrical system</paragraph>
      </subsection>
      <subsection heading="11A.07.01.03 Establishing Amounts to be Reserved">
        <paragraph indent="0">3.1   The amount of reserves that are required to be set aside will be based on the following process:</paragraph>
        <paragraph indent="3">•   An inventory of those common elements subject to periodic replacement.</paragraph>
        <paragraph indent="3">•   Determination of the remaining useful life of each element to be replaced over time.</paragraph>
        <paragraph indent="3">•   Estimation of the cost of replacement at the expiration of the remaining useful life of each common element.</paragraph>
        <paragraph indent="3">•   Adjustment of that amount by any salvage value that may remain.</paragraph>
        <paragraph indent="3">•   Division of the total sum derived from the above cited procedure by the number of years of remaining useful life will determine the annual sum needed to be set aside to assure that adequate funds are available when replacement is required.</paragraph>
      </subsection>
      <subsection heading="11A.07.01.04  Consumer Guide">
        <paragraph indent="0">4.1   The budget reserve requirement must be incorporated as part of the disclosures in the "Consumer Guide."</paragraph>
      </subsection>
      <subsection heading="11A.07.01.05 Severability">
        <paragraph indent="0">5.1   The provisions of this regulation are severable. If a court holds that a provision is invalid or inapplicable, the remainder of the regulation remains in effect.</paragraph>
      </subsection>
    </regulation>
  </section>
  <section heading="Sec. 11A-9 Budgeted Reserves - Regulations" />
</chapter>