US Lawyer Database

33 §1604-115. Statute of limitations for warranties

§1604-115. Statute of limitations for warranties (a) A judicial proceeding for breach of any obligation arising under section 1604‑112 or 1604‑113 must be commenced within 6 years after the cause of action accrues, but the parties may agree to reduce the period of limitation to not less than 2 years. With respect to a unit […]

33 §1604-116. Effect of violations on rights of action

§1604-116. Effect of violations on rights of action If a declarant or any other person subject to this Act fails to comply with any provision hereof or any provision of the declaration or bylaws, any person or class of persons adversely affected by that failure has a claim for appropriate relief.   [PL 1981, c. […]

33 §1604-117. Labeling of promotional material

§1604-117. Labeling of promotional material If any improvement contemplated in a condominium is labeled “NEED NOT BE BUILT” on a plat or plan, or is to be located within a portion of the condominium with respect to which the declarant has reserved a development right, no promotional material may be displayed or delivered to prospective […]

33 §1604-118. Declarant’s obligation to complete and restore

§1604-118. Declarant’s obligation to complete and restore (a) The declarant shall complete all improvements labeled “MUST BE BUILT” on plats or plans prepared pursuant to section 1602‑109.   [PL 1981, c. 699 (NEW).] (b) The declarant is subject to liability for the prompt repair and restoration, to a condition compatible with the remainder of the […]

33 §1603-116. Lien for assessments

§1603-116. Lien for assessments (a) The association has a lien on a unit for any assessment levied against that unit or fines imposed against its unit owner from the time the assessment or fine becomes due. The association’s lien may be foreclosed in like manner as a mortgage on real estate. Unless the declaration otherwise […]

33 §1604-113. Implied warranties of quality

§1604-113. Implied warranties of quality (a) A declarant and any person in the business of selling real estate for his own account warrants that a unit will be in at least as good condition at the earlier of the time of the conveyance or delivery of possession as it was at the time of contracting, […]

33 §1603-117. Other liens affecting the condominium

§1603-117. Other liens affecting the condominium (a) A judgment for money against the association, if a lien order is filed with the Register of Deeds of the county where the condominium is located, as provided in Title 14, section 3132, as it or its equivalent may be amended or modified from time to time, is […]

33 §1604-114. Exclusion or modification of implied warranties of quality

§1604-114. Exclusion or modification of implied warranties of quality (a) Except as limited by subsection (b) with respect to a purchaser of a unit that may be used for residential use, implied warranties of quality:   (1) May be excluded or modified by agreement of the parties; and   [PL 1981, c. 699 (NEW).] (2) […]

33 §1603-118. Association records

§1603-118. Association records (a) An association must retain the following:   [PL 2011, c. 368, §8 (NEW).] (1) Records of receipts and expenditures affecting the operation and administration of the association and other appropriate accounting records for the past 6 years;   [PL 2011, c. 368, §8 (NEW).] (2) Minutes of all meetings of its […]

33 §1603-119. Association as trustee

§1603-119. Association as trustee With respect to a 3rd person dealing with the association in the association’s capacity as a trustee under section 1602‑118 and 1603‑113, the existence of trust powers and their proper exercise by the association may be assumed without inquiry. A 3rd person is not bound to inquire whether the association has […]