§ 11B-101. Definitions

   (a) In general. -- In this title the following words have the meanings indicated, unless the context requires otherwise.

(b) Common areas. -- "Common areas" means property which is owned or leased by a homeowners association.

(c) Declarant. -- "Declarant" means any person who subjects property to a declaration.

(d) Declaration. --

   (1) "Declaration" means an instrument, however denominated, recorded among the land records of the county in which the property of the declarant is located, that creates the authority for a homeowners association to impose on lots, or on the owners or occupants of lots, or on another homeowners association, condominium, or cooperative housing corporation any mandatory fee in connection with the provision of services or otherwise for the benefit of some or all of the lots, the owners or occupants of lots, or the common areas.

   (2) "Declaration" includes any amendment or supplement to the instruments described in paragraph (1) of this subsection.

   (3) "Declaration" does not include a private right-of-way or similar agreement unless it requires a mandatory fee payable annually or at more frequent intervals.

(e) Depository; homeowners association depository. -- "Depository" or "homeowners association depository" means the document file created by the clerk of the court of each county and the City of Baltimore where a homeowners association may periodically deposit information as required by this title.

(f) Development. --

   (1) "Development" means property subject to a declaration.

   (2) "Development" includes property comprising a condominium or cooperative housing corporation to the extent that the property is part of a development.

   (3) "Development" does not include a cooperative housing corporation or a condominium.

(g) Electronic transmission. -- "Electronic transmission" means any form of communication, not directly involving the physical transmission of paper, that creates a record that:

   (1) May be retained, retrieved, and reviewed by a recipient of the communication; and

   (2) May be reproduced directly in paper form by a recipient through an automated process.

(h) Governing body. -- "Governing body" means the homeowners association, board of directors, or other entity established to govern the development.

(i) Homeowners association. --

   (1) "Homeowners association" means a person having the authority to enforce the provisions of a declaration.

   (2) "Homeowners association" includes an incorporated or unincorporated association.

(j) Lot. --

   (1) "Lot" means any plot or parcel of land on which a dwelling is located or will be located within a development.

   (2) "Lot" includes a unit within a condominium or cooperative housing corporation if the condominium or cooperative housing corporation is part of a development.

(k) Primary development. -- "Primary development" means a development such that the purchaser of a lot will pay fees directly to its homeowners association.

(l) Recorded covenants and restrictions. -- "Recorded covenants and restrictions" means any instrument of writing which is recorded in the land records of the jurisdiction within which a lot is located, and which instrument governs or otherwise legally restricts the use of such lot.

(m) Related development. -- "Related development" means a development such that the purchaser of a lot will pay fees to the homeowners association of such development through the homeowners association of a primary development or another development.

(n) Unaffiliated declarant. -- "Unaffiliated declarant" means a person who is not affiliated with the vendor of a lot but who has subjected such property to a declaration required to be disclosed by this title.

HISTORY: 1987, ch. 321; 1988, ch. 82; 1989, chs. 491, 492; 1998, chs. 440, 564; 2004, ch. 286.