§ 11B-104. Building code or zoning laws, ordinances, and regulations to be given full force and effect; local laws, ordinances, or regulations; alternative dispute resolution.

   (a) Building code or zoning laws, ordinances, and regulations to be given full force and effect. -- The provisions of all laws, ordinances, and regulations concerning building codes or zoning shall have full force and effect to the extent that they apply to a development and shall be construed and applied with reference to the overall nature and use of the property without regard to whether the property is part of a development.

(b) Local laws, ordinances, or regulations. -- A local government may not enact any law, ordinance, or regulation which would:

   (1) Impose a burden or restriction on property which is part of a development because it is part of a development;

   (2) Require that additional disclosures relating to the development be made to purchasers of lots within the development, other than the disclosures required by § 11B-105, § 11B-106, or § 11B-107 of this title;

   (3) Provide that the disclosures required by § 11B-105, § 11B-106, or § 11B-107 of this title be registered or otherwise subject to the approval of any governmental agency;

   (4) Provide that additional cancellation rights be provided to purchasers, other than the cancellation rights under § 11B-108(b) and (c) of this title;

   (5) Create additional implied warranties or require additional express warranties on improvements to common areas other than those warranties described in § 11B-110 of this title; or

   (6) Expand the open meeting requirements of § 11B-111 of this title or open record requirements of § 11B-112 of this title.

(c) Alternative dispute resolution. -- Subject to the provisions of this title, a code home rule county located in the Southern Maryland class, as identified in § 9-302 of the Local Government Article, may establish a homeowners association commission with the authority to hear and resolve disputes between a homeowners association and a homeowner regarding the enforcement of the recorded covenants or restrictions of the homeowners association by providing alternative dispute resolution services, including binding arbitration.

HISTORY: 1987, ch. 321; 1988, ch. 82; 1989, ch. 5, § 1; 2003, ch. 44; 2013, ch. 136.