Section 11-127 - Registration.
§ 11-127. Registration.
(a) Registration with Secretary of State required.- A contract for the initial sale of a unit to a member of the public may not be entered into until the public offering statement for the proposed condominium regime has been registered with the Secretary of State and until 10 days after all amendments then applicable to the public offering statement have been filed with the Secretary of State under subsection (d) of this section.
(b) Application; notice to local governing body; fee; amendments.-
(1) An application for registration shall consist of the public offering statement described in § 11-126 of this title. A developer shall file the number of copies required by the Secretary of State. The Secretary of State shall notify the governing body of the county and/or municipality in which the condominium is located of the filing of the application. An application shall be accompanied by a fee of not less than $100, in an amount equal to $5 per unit.
(2) A developer promptly shall file amendments to report any material change in any document or information contained in the application.
(c) Approval or rejection of registration; amended application.-
(1) The Secretary of State shall acknowledge receipt of an application for registration within 5 business days after receiving it. The Secretary shall determine whether the application satisfies the disclosure requirements of § 11-126 of this title within 45 days after receipt.
(2) If the Secretary of State determines that the application complies with § 11-126 of this title, the Secretary shall issue promptly an order registering the condominium. Otherwise, unless the developer has consented in writing to a delay not to exceed 30 days, the Secretary shall issue promptly an order rejecting registration. The order shall include the specific reasons for the rejection. The Secretary's failure to issue any order within 45 days of receipt or within the time period agreed upon shall be deemed an approval of the condominium. Rejection of an application for registration by the Secretary of State may not act as a bar to reapplication for registration. An application amended to comply with the stated reasons for rejection and accompanied by an additional fee as provided in subsection (b) of this section shall be approved by the Secretary of State upon his determination that the amended application satisfies the requirements of this section.
(d) Filing of current public offering information with Secretary of State; filing construction progress statement; termination of registration.-
(1) (i) A developer shall promptly file with the Secretary of State copies of any changes in the documents or information contained in the public offering statement which are necessary to make the documents or information current.
(ii) A public offering statement is current if the information required under § 11-126(b)(2), (4), (5), (6), and (12) of this title is updated and filed by the developer not less than annually.
(2) (i) A developer shall file a written statement with the council of unit owners describing the progress of construction, repairs, and all other work on the condominium, which the developer has completed or intends to complete in accordance with the public offering statement for the condominium.
(ii) This written statement shall be filed within 30 days after the anniversary date for registration of the public offering statement for the condominium and annually thereafter until the registration of the condominium is terminated.
(3) A developer shall notify the Secretary of State in writing when all of the units in the condominium have been conveyed to unit owners other than the developer, and the developer either cannot add additional units to the condominium or has determined that no additional units will be added to the condominium.
(4) If the developer notifies the Secretary of State that all of the units in the condominium have been conveyed to unit owners other than the developer, and that the developer either cannot add additional units to the condominium, or has determined that no additional units will be added to the condominium, the Secretary of State shall issue an order terminating the registration of the condominium.
(e) Administration of section.- The Secretary of State shall be responsible for the administration of this section.
(1) The Secretary may adopt, amend, and repeal regulations necessary to carry out the requirements of the provisions of this section.
(2) The Secretary may prescribe forms and procedures for submitting applications.
(f) Application of section.- This section does not apply to the sale of any unit which is to be occupied and used for nonresidential purposes.
[1981, ch. 246; 1982, ch. 836, § 3; 1984, chs. 525, 570; 1985, ch. 511; 1986, ch. 360; 1989, ch. 5, § 1; 1997, ch. 5; 1999, ch. 66; 2009, ch. 60, § 5; 2010, ch. 72.]