Section 11-142 - Applicability to existing condominiums.
§ 11-142. Applicability to existing condominiums.
(a) In general.- Except as otherwise provided in this section, this title is applicable to all condominiums. However, with respect to condominiums established before July 1, 1982, the declaration or master deed, bylaws, or condominium plat need not be amended to comply with the requirements of this title.
(b) Applicability of §§ 11-114 and 11-123.- Except to the extent that the declaration or master deed, bylaws, or plat provide otherwise, §§ 11-114 and 11-123 of this title are applicable to all condominiums.
(c) Applicability of § 11-120.- Unless the developer elects to conform to the requirements of § 11-120 of this title, § 11-120 of this title is not applicable to those condominiums created prior to July 1, 1974 under circumstances where the developer reserved the right to expand the condominium.
(d) Compliance with § 11-124.- As to condominiums created prior to July 1, 1981, compliance with § 11-124 of this title as in effect on June 30, 1981, is deemed compliance with § 11-126 of this title as effective on July 1, 1981.
(e) Applicability of § 11-133.- Section 11-133 of this title is applicable only to leases or management and similar contracts executed after July 1, 1974.
(f) Applicability of §§ 11-127, 11-131, 11-136, 11-137, 11-138, 11-139, and 11-140.- Sections 11-127, 11-131, 11-136, 11-137, 11-138, 11-139, and 11-140 of this title do not apply to the conversion of residential rental property for which a notice of intention to create a condominium was issued before July 1, 1981, if:
(1) (i) On or before March 15, 1982, units in the residential rental property have been publicly offered for sale as condominium units; and
(ii) On or before March 15, 1982, 35 percent of the units in the residential rental property are under a contract to be sold pursuant to a bona fide, arm's length transaction;
(2) (i) On or before March 15, 1982, the residential rental property has been subjected to a condominium regime, or, in the case of an expanding condominium, the residential rental property is shown on the condominium plat filed on or before March 15, 1982;
(ii) Units in the condominium have been publicly offered for sale on or before April 15, 1982; and
(iii) On or before May 15, 1982, at least 10 percent of the units in the condominium, or in the case of an expanding condominium, 10 percent of the total number of units to be contained in the condominium as fully expanded, are under a contract to be sold in a bona fide, arm's length transaction; or
(3) A developer or its affiliate entered into a contract to purchase the residential rental property between January 1, 1980 and December 31, 1980, and the developer or its affiliate does not meet the requirements of paragraph (1) or (2) of this subsection. Such a developer or its affiliate shall comply with §§ 11-136 and 11-137 of this title.
[1974, ch. 641; 1981, ch. 246; 1982, ch. 2; ch. 836, § 3; 1986, ch. 5, § 1; 1989, ch. 5, § 1.]