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(a) Prior to the initial sale of individual condominium units in a conversion to a condominium regime, where the facility is registered with the secretary of state under section 11-127, Real Property Article, the owner, developer and landlord of the facility shall provide the county and its designated housing agency a right of first refusal to purchase certain individual condominium units in the condominium regime.
(1) For purposes of this section, the Montgomery County Housing Opportunities Commission is the designated housing agency.
(2) All contracts and agreements for the initial sale of an individual condominium unit in a condominium regime, and title obtained pursuant thereto, shall be contingent upon and subject to full compliance with the requirements of this section.
(b) Notice required; exercise of right of first refusal.
(1) Prior to the transfer of any condominium unit under this section, the owner, developer and landlord of the facility shall give written notice to the county and its designated housing agency of the terms and conditions under which the owner would agree to sell the condominium unit. Notice shall be deemed given on the latest date the notice is actually received by both the county and its designated housing agency. This notice shall constitute the terms and conditions of the right of first refusal exercisable by the county or its designated housing agency hereunder.
(2) The county or its designated housing agency may exercise the right of first refusal by entering into a binding contract with the owner within sixty (60) days following the date notice is given or the date by which a tenant in possession notifies the owner under section 11-136(a)(3), Real Property Article, whichever is later.
(3) The purchase price, terms and conditions of the contract of sale of the unit to the county or its designated housing agency shall be no less favorable than the purchase price, terms and conditions of comparable units offered to tenants under section 11-136, Real Property Article, unless otherwise agreed by all parties to the contract of sale.
(c) The right of first refusal under this section is subject to the limitations contained in sections 11-139(c)(1) and 11-139(c)(2), Real Property Article.
(d) If any grant of a condominium unit contains an affidavit by the grantor that the requirements of this section, if applicable, have been satisfied, then failure to satisfy the requirements of this section does not affect the validity of that grant and the grantee takes title free of any claim by the county or its designated housing agency arising pursuant to this section. (1982 L.M.C., ch. 2, § 1.)
Editor’s note-Section 11A-4(a) was held valid in Rockville Grosvenor, Inc. v. Montgomery County, 289 Md. 74, 422 A.2d 353 (1980).