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(a) Inspection access. For the purpose of verifying property report information, a developer must give access for inspection of cooperative project property if at least twenty-five (25) percent of the tenants who live in the property:
(1) Sign an inspection request; and
(2) Designate an engineer who is licensed by the State of Maryland.
(b) Inspection liability. The tenants who request the inspection are liable for damage caused by the inspection. (1985 L.M.C., ch. 39, § 1.)
(a) Within fifteen days. A purchaser may rescind a subscription agreement for the initial sale of a membership within fifteen (15) days after signing a subscription agreement.
(b) Within five days. A purchaser may rescind a subscription agreement for the initial sale of a membership within five (5) days after receiving any material change in the property report.
(c) Until receipt of a membership certificate. If a developer fails to comply with a requirement of this chapter, the purchaser may rescind the subscription agreement until the purchaser receives a membership certificate.
(d) Liability. A purchaser may rescind a subscription agreement under this section without liability on the part of the purchaser.
(e) Notice in writing. A purchaser may rescind a subscription agreement under this section by giving the developer written notice of rescission.
(f) Return of deposit. If a developer receives a notice of rescission, the developer must within ten (10) days return to the purchaser the deposit that the purchaser made on account of the subscription agreement.
(g) Waiver of right prohibited. A purchaser may not waive the right under this section to rescind a subscription agreement. (1985 L.M.C., ch. 39, § 1.)
(a) Scope of warranty. A developer must give a cooperative and its members a warranty on the structural elements of the real property of the cooperative, including:
(1) Roof;
(2) Foundation;
(3) Ceilings;
(4) Floor;
(5) Walls; and
(6) Mechanical, electrical, and plumbing systems.
(b) Provision of warranty. A developer must warrant that:
(1) The developer is responsible for correcting a defect in material or workmanship; and
(2) The structural elements meet industry standards that were in effect when the building was constructed.
(c) Beginning of warranty. A warranty under this section begins with the first issue of a membership certificate to a purchaser other than the developer.
(d) Incomplete structural element. If a structural element is not complete at the time of the first issue of a membership certificate, the warranty on that structural element begins with the latter of:
(1) Completion of the structural element; or
(2) Availability of the structural element for use by all members.
(e) Warranty period.
(1) A one-year warranty covers elements within the exclusive use of a member occupying an individual unit, including:
(i) Internal walls;
(ii) Ceilings;
(iii) Floors;
(iv) Doors;
(v) Fixtures; and
(vi) Appliances.
(2) A three-year warranty covers elements within the common use of all members, including:
(i) External and supporting walls;
(ii) Roof;
(iii) Foundation;
(iv) Mechanical, electrical, and plumbing systems; and
(v) Common area walls, floors, ceilings, and doors.
(f) Applicability of warranty. A warranty under this section does not apply to a defect caused by abuse or failure to perform maintenance by:
(1) A member; or
(2) A cooperative after control transfers to cooperative members.
(g) Notice of defect. Within the warranty period, either a member or the cooperative must give the developer notice of a defect that is known.
(h) Suit for enforcement. Within one (1) year after a warranty period ends, the member or the cooperative may file a suit for enforcement of a warranty under this section. (1985 L.M.C., ch. 39, § 1.)
(a) Right to leave. A tenant may leave a unit after the developer gives notice of tenant rights under section 11C-23, even if the lease term has not expired.
(b) Notice to developer. Before a tenant leaves a unit under this section the tenant must give the developer at least thirty (30) days written notice. (1985 L.M.C., ch. 39, § 1.)
(a) Extended lease offer.
(1) A developer must offer extended leases to eligible tenants until at least twenty (20) percent of the units are under extended leases.
(2) The tenants eligible for an extended lease include:
(i) Low-income senior tenants;
(ii) Low-income handicapped tenants;
(iii) Senior tenants who are not low-income;
(iv) Handicapped tenants who are not low-income; and
(v) Low-income tenants who are not senior or handicapped.
(3) If the number of eligible tenants exceeds twenty (20) percent of the units, the developer must grant extended leases on the basis of continuous residence within the building:
(i) First to senior or handicapped low-income tenants;
(ii) Second to senior or handicapped tenants who are not low-income; and
(iii) Third to low-income tenants who are not senior or handicapped.
(b) Extended lease provisions.
(1) The length of an extended lease is:
(i) For low-income senior and low-income handicapped tenants, the lifetime of the senior or handicapped tenants who live in the unit when the developer gives notice of tenant rights under section 11C-23; and
(ii) For other eligible tenants, three (3) years.
(2) A rent increase under an extended lease is limited to:
(i) A maximum percentage increase that does not exceed the rent component of the U.S. Consumer Price Index for urban wage earners and clerical workers, U.S. Department of Labor, for the most recent twelve-month period; and
(ii) A minimum period of at least twelve (12) months between increases.
(3) Other extended lease terms follow those of the lease that was in effect immediately before the tenant received the notice of intent to convert.
(c) Later option to purchase unit. A tenant who is eligible for an extended lease may instead exercise the right to purchase a membership under section 11C-17.
(d) Tenant option to end extended lease. A tenant may end an extended lease at any time by giving the developer written notice of at least:
(1) Thirty (30) days if the remaining lease period is less than one (1) year; or
(2) Ninety (90) days if the remaining lease period is more than one (1) year.
(e) Developer option to end extended lease. A developer may end an extended lease only after:
(1) Sixty (60) days from the death of the last surviving senior or handicapped tenant who lived in the unit; or
(2) The tenant fails to pay the rent due or violates a material provision of the lease. (1985 L.M.C., ch. 39, § 1.)
(a) Developer right to temporarily relocate. If cooperative conversion requires work that endangers the health or safety of tenants, a developer:
(1) Must not begin work until endangered tenants with extended leases have been temporarily relocated; and
(2) May temporarily relocate an endangered tenant with an extended lease after one hundred eighty (180) days from filing the notice of intent to convert.
(b) Unit available within building. If a comparable unit is available within the same building or complex, a developer must relocate a tenant to that unit:
(1) After at least thirty (30) days' written notice; and
(2) At rent and other lease provisions at least as favorable to the tenant as under the extended lease.
(c) Unit not available within building. If a comparable unit is not available within the same building or complex, the developer may require a tenant to temporarily leave the extended lease unit after:
(1) Giving the tenant at least one hundred eighty (180) days' written notice; and
(2) Paying the tenant an amount equal to three (3) months' rent under the extended lease.
(d) Return to unit.
(1) After a developer gives notice that work on a unit has been completed, the developer must allow the tenant to return to the extended lease unit within sixty (60) days.
(2) The term of an extended lease begins upon the return of the tenant to the extended lease unit.
(e) Moving expenses. Within fifteen (15) days, a developer must pay or reimburse all tenant expenses reasonably incurred in moving from or returning to the unit under an extended lease. (1985 L.M.C., ch. 39, § 1.)
(a) Payment required. A developer must pay to a low-income senior or low-income handicapped tenant an amount equal to three (3) months' rent for the unit of the tenant if:
(1) The tenant chooses not to accept a lifetime extended lease; or
(2) The developer does not offer the tenant a lifetime extended lease because the number of extended lease units exceeds twenty (20) percent of the cooperative units.
(b) Payment. A developer must pay a tenant under this section before the following, whichever occurs first:
(1) An increase in the rent of the tenant or a change in a material term in the lease; or
(2) Thirty (30) days after the developer makes the last extended lease with an eligible tenant. (1985 L.M.C., ch. 39, § 1.)
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