§ 11-109.3. Court appointment of receiver

   (a) Receiver appointed if quorum fails. -- If the council of unit owners fails to fill vacancies on the board of directors sufficient to constitute a quorum in accordance with the bylaws, three or more unit owners may petition the circuit court for the county where the condominium is located to appoint a receiver to manage the affairs of the council of unit owners.

(b) Notice required. --

   (1) At least 30 days before petitioning the circuit court, the unit owners acting under the authority granted by subsection (a) of this section shall mail to the council of unit owners a notice describing the petition and the proposed action.

   (2) The unit owners shall post a copy of the notice in a conspicuous place on the condominium property.

(c) No quorum within notice period. -- If the council of unit owners fails to fill vacancies sufficient to constitute a quorum within the notice period, the unit owners may proceed with the petition.

(d) Limitations on receiver. -- A receiver appointed by a court under this section may not reside in or own a unit in the condominium governed by the council of unit owners.

(e) Powers and duties of receiver; length of service. --

   (1) A receiver appointed under this section shall have all powers and duties of a duly constituted board of directors.

   (2) The receiver shall serve until the council of unit owners fills vacancies on the board of directors sufficient to constitute a quorum.

(f) Common expenses. -- The salary of the receiver, court costs, and reasonable attorney's fees are common expenses.

HISTORY: 2007, ch. 321.