1. (a)

   1. (1) In this section, “governing body” means a person who has the authority to enforce:

      1. (i) The provisions of a declaration, as defined under § 11-103 of the Maryland Condominium Act;¹
      2. (ii) Articles of incorporation of a council of unit owners, of a cooperative housing corporation as defined under the Maryland Cooperative Housing Corporation Act, or of a homeowners association, as defined under the Maryland Homeowners Association Act; or
      3. (iii) The provisions of bylaws, rules, and regulations of a condominium, as defined under the Maryland Condominium Act, of a cooperative housing corporation as defined under the Maryland Cooperative Housing Corporation Act, or of a homeowners association, as defined under the Maryland Homeowners Association Act.

   2. (2) “Governing body” includes:

      1. (i) A homeowners association, as defined under the Maryland Homeowners Association Act;
      2. (ii) A council of unit owners of a condominium, as described in the Maryland Condominium Act; or
      3. (iii) A cooperative housing corporation.
2. (b) A person sustaining an injury as a result of the tortious act of an officer or director of a governing body while the officer or director is acting within the scope of the officer's or director's duties may recover only in an action brought against the governing body for the damages described under § 5-422(b) of the Courts and Judicial Proceedings Article.
3. (c) In a proceeding against a governing body, a director or officer of a governing body shall have the immunity from liability described under § 5-422(c) of the Courts and Judicial Proceedings Article.

Added by Acts 1986, c. 563, § 1, eff. July 1, 1986. Amended by Acts 1987, c. 11, § 1; Acts 1988, c. 6, § 1; Acts 1989, c. 5, § 1; Acts 1989, c. 756, § 2; Acts 1990, c. 546, § 3; Acts 1997, c. 14, § 20, eff. April 8, 1997; Acts 2015, c. 22, § 5.

Real Property, § 11-101 et seq.