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Notice and Materials To Be Provided By The Developer For Turnover Of Condominium Control

Under Section 11-109(c)(16) of the Condominium Act, the developer of a condominium is required to provide certain notices and  materials in connection with the first meeting of the council of unit owners at which  the unit owners assume control of the condominium.  The developer must provide notice to all unit owners that the necessary percentage of units have been sold in order to pass control from the developer to the unit owners, and the specifics of a meeting to be held for the election of an independent board.  Following the meeting, the developer is then required to turnover various materials, including (1) drawings, architectural plans or other documents setting forth the necessary information for location, maintenance, and repair of all condominium facilities; (2) the condominium funds, including operating funds, replacement reserves, investment accounts, and working capital; (3) the tangible property of the condominium; and (4) a roster of current unit owners, including mailing addresses, telephone numbers, and unit numbers.  If the developer fails to comply with these requirements, any unit owner in the condominium may submit the dispute top the Consumer Protection Division of the Maryland Attorney General’s Office, which is expressly authorized under Section 11-109(c)(16)(vi) to resolve the issue.

The meeting to elect a board independent of the developer must occur with 60 days from the date that units representing 50 percent of the total votes in the condominium have been conveyed by the developer, unless a lesser percentage is specified in the condominium’s governing documents.  Before the meeting, the developer is also required to provide notice to each unit owner that the required percentage of units has been sold, along with the date, time and place of the meeting.  Within 30 days following the meeting, the developer is required to provide the materials identified above.