(A) In any district where a condominium development is to be established, it shall be subject to the requirements of the Maryland Condominium Act (Md. Code Ann., Real Property Article, Title 11). The requirements in this chapter shall be construed and applied with reference to the overall nature and use of the property without regard to the form of ownership.
(B) For a condominium development, the developer shall submit the preliminary plan and site development plan as required in accordance with this chapter and the zoning ordinance (Chapter 1-19). The preliminary plan and site development plan must clearly indicate the intent to create a condominium development under the Maryland Condominium Act, and also include an adequate description of the number of units and elements of common ownership.
(C) Where a developer desires to convert an existing or proposed condominium development into a non-condominium subdivision, the conversion shall meet the requirements and processes outlined under this chapter and the zoning ordinance (Chapter 1-19) and shall be subject to Planning Commission approval. Nothing in this section authorizes the developer to construct, or the Planning Commission to allow, additional dwelling units or more commercial or industrial floor space than was approved in the previously approved preliminary plan or site development plan.
(D) Where a developer desires to convert an existing structure into a condominium form of ownership, the developer shall submit the necessary preliminary plan and site development plan as outlined in subsection (B) above.
(E) The condominium declaration and bylaws shall be submitted to the Division at the time of building permit application for review and approval by appropriate county agencies.
(F) The condominium form of ownership shall not be utilized to create a division of land into two or more lots, plats, sites, or other divisions of land for the purpose of immediate or future transfer of ownership. When such a division of land is proposed, the proposal shall be submitted, processed and reviewed as a subdivision plan under this chapter.
(G) Amendments, annexations, and other permissible actions related to condominiums shall comply with Md. Code Ann., Real Property Article, Title 11, as amended.
(H) It is the responsibility of the developer to record condominium plats and associated legal documents that meet the requirements of the Maryland Condominium Act. Failure to accurately depict the condominium as it is shown on the approved preliminary plan and site development plan will require the developer and/or owner(s) to make corrections to the recorded plat and/or to the approved preliminary plan and site development plan.
(1959 Code, § 38A-62) (Ord. 10-23-558, 10-19-2010; Ord. 12-25-620, 9-27-2012; Ord. 14-23-678, 11-13-2014)