§ 11B-107. Initial sale of lot not intended to be occupied or rented for residential purposes

   (a) Contract. -- A contract for the initial sale of a lot in a development of any size to a person who does not intend to occupy or rent the lot for residential purposes is not enforceable by the vendor unless:

   (1) The purchaser is given, at or before the time a contract is entered into between the vendor and the purchaser, or within 7 calendar days of entering into the contract, the disclosures set forth in subsection (b) of this section;

   (2) The purchaser is given notice of any change in mandatory fees and payments exceeding 10 percent of the amount previously stated to exist or any other substantial and material amendment to the disclosures after the same becomes known to the vendor; and

   (3) The purchaser is given at or before the time a contract is entered into between the vendor and the purchaser, a notice in a form substantially the same as the following:
 
"NOTICE
 
 

      The seller is required by law to furnish you at or before the time a contract is entered into, or within 7 calendar days of entering into the contract, all of the information listed in § 11B-107(b) of the Maryland Homeowners Association Act. The information is as follows: (The notice shall include at this point the text of § 11B-107(b) in its entirety)."

(b) Information to be supplied by vendor. -- The vendor shall provide the purchaser the following information in writing:

   (1) The name, principal address, and telephone number of the vendor and of the declarant, if the declarant is not the vendor;

   (2) A description of:

      (i) The location and size of the development, including the minimum and maximum number of lots currently planned or permitted, if applicable, which may be contained within the development; and

      (ii) Any property owned by the declarant or the vendor contiguous to the development which is to be dedicated to public use; and

   (3) A copy of the bylaws and rules of the primary development, and of other related developments to the extent available, to which the purchaser shall become obligated on becoming an owner of the lot, including a statement that these obligations are enforceable against an owner and the owner's tenants, if applicable.

(c) Information contained in depository. -- In satisfying a vendor's request for any information described under subsection (b) of this section, a homeowners association:

   (1) Shall be entitled to direct the vendor to obtain the information from the depository for all disclosures contained in the depository after June 30, 1989; and

   (2) May not be required to supply a vendor with any information which is contained in the depository.

(d) Provisions inapplicable to foreclosure sale. -- The provisions of this section do not apply to a sale of a lot in an action to foreclose a mortgage or deed of trust.

HISTORY: 1988, ch. 82; 1989, ch. 693.