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<section article="grp" article_name="Real Property" number="11-113" title_number="11" title_name="Maryland Condominium Act" subtitle_number="1">
  <level label="a">
    <text>Unless the declaration or bylaws state otherwise, the dispute settlement mechanism provided by this section is applicable to complaints or demands formally arising on or after October 1, 2022.</text>
  </level>
  <level label="b">
    <level label="1">
      <text>The council of unit owners or board of directors may not impose a fine, suspend voting, or infringe upon any other rights of a unit owner or other occupant for violations of rules until the procedures in this subsection are followed.</text>
    </level>
    <level label="2">
      <text>A written demand to cease and desist from an alleged violation shall be provided to the alleged violator specifying:</text>
      <level label="i">
        <text>The alleged violation;</text>
      </level>
      <level label="ii">
        <text>The action required to abate the violation; and</text>
      </level>
      <level label="iii">
        <text>A time period, not less than 15 days, during which the violation may be abated without further sanction, if the violation is a continuing one, or a statement that any further violation of the same rule may result in the imposition of sanction after notice and opportunity for hearing if the violation is not continuing.</text>
      </level>
    </level>
    <level label="3">
      <text>Within 12 months of the demand, if the violation continues past the period allowed in the demand for abatement without penalty or if the same rule is violated subsequently, the board shall provide the alleged violator, at the alleged violator’s address of record, with a written notice of the alleged violator’s right to request a hearing to be held by the board in executive session containing:</text>
      <level label="i">
        <text>The nature of the alleged violation;</text>
      </level>
      <level label="ii">
        <text>The procedures for requesting a hearing at which the alleged violator may produce any statement, evidence, or witnesses on behalf of the alleged violator;</text>
      </level>
      <level label="iii">
        <text>The period of time for requesting a hearing, which may not be less than 10 days from the giving of the notice; and</text>
      </level>
      <level label="iv">
        <text>The proposed sanction to be imposed.</text>
      </level>
    </level>
    <level label="4">
      <level label="i">
        <text>If the alleged violator requests a hearing within the period of time specified in the notice provided under paragraph (3) of this subsection, the board shall provide the alleged violator with written notice of the time and place of the hearing, which time may not be less than 10 days after the date the request for a hearing was provided.</text>
      </level>
      <level label="ii">
        <level label="1">
          <text>At the hearing, the alleged violator has the right to present evidence and present and cross–examine witnesses.</text>
        </level>
        <level label="2">
          <text>The hearing shall be held in executive session pursuant to this notice and shall afford the alleged violator a reasonable opportunity to be heard.</text>
        </level>
        <level label="3">
          <level label="A">
            <text>Prior to the taking effect of any sanction hereunder, proof of notice shall be entered in the minutes of the meeting.</text>
          </level>
        </level>
        <level label="B">
          <text>The proof of notice shall be deemed adequate if a copy of the notice, together with a statement of the date and manner of providing the notice, is entered in the minutes by the officer or director who provided the notice.</text>
        </level>
        <level label="C">
          <text>The notice requirement shall be deemed satisfied if the alleged violator appears at the meeting.</text>
        </level>
        <level label="4">
          <text>The minutes of the meeting shall contain a written statement of the results of the hearing and the sanction, if any, imposed.</text>
        </level>
      </level>
    </level>
    <level label="5">
      <text>If the alleged violator does not request a hearing within the period of time specified in the notice provided under paragraph (3) of this subsection, the board, at the next meeting, shall deliberate as to whether the violation occurred and decide whether a sanction is appropriate for the violation.</text>
    </level>
    <level label="6">
      <text>A decision in accordance with these procedures shall be appealable to the courts of Maryland.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>If any unit owner fails to comply with this title, the declaration, or bylaws, or a decision rendered in accordance with this section, the unit owner may be sued for damages caused by the failure or for injunctive relief, or both, by the council of unit owners or by any other unit owner.</text>
    </level>
    <level label="2">
      <text>The prevailing party in any proceeding under this subsection is entitled to an award for counsel fees as determined by court.</text>
    </level>
  </level>
  <level label="d">
    <text>The failure of the council of unit owners to enforce a provision of this title, the declaration, or bylaws on any occasion is not a waiver of the right to enforce the provision on any other occasion.</text>
  </level>
</section>
