§514B-151 
Association fiscal matters; lease rent renegotiation.  (a)  Notwithstanding any provision in the
declaration or bylaws, any lease or sublease of the real estate or of a unit,
or of an undivided interest in the real estate to a unit owner, whenever any
lease or sublease of the real estate, a unit, or an undivided interest in the
real estate to a unit owner provides for the periodic renegotiation of lease
rent thereunder, the association shall represent the unit owners in all
negotiations and proceedings, including but not limited to appraisal or
arbitration, for the determination of lease rent; provided that the
association's representation in the renegotiation of lease rent shall be on
behalf of at least two lessees.  All costs and expenses incurred in such
representation shall be a common expense of the association.



(b) 
Notwithstanding subsection (a), if some, but not all of the unit owners have
already purchased the leased fee interest appurtenant to their units as of the
earlier of any date specified in the lease or sublease for the commencement of
lease rent renegotiation or nine months prior to the commencement of the term
for which lease rent is to be renegotiated, all costs and expenses of the
renegotiation shall be assessed to the remaining lessees whose lease rent is to
be renegotiated in the same proportion that the common interest appurtenant to
each lessee's unit bears to the common interest appurtenant to all remaining
lessees' units whose lease rent is to be renegotiated.  The unpaid amount of
this assessment shall constitute a lien upon the lessee's unit, which may be
collected in accordance with section 514B‑146 in the same manner as an
unpaid common expense.



(c)  In any
project where the association is a lessor or sublessor, the association shall
fulfill its obligations under this section by appointing independent counsel to
represent the lessees in the negotiations and proceedings related to the rent
renegotiation.  The lessees' counsel shall act on behalf of the lessees in accordance
with the vote or written consent of a majority of the lessees casting ballots
or submitting written consents as determined by the ratio that the common
interest appurtenant to each lessee's unit bears to the total common interest
appurtenant to the units of participating lessees.  Nothing in this subsection
shall be interpreted to preclude the lessees from making a decision (by the
vote or written consent of a majority of the lessees as described above) to
retain other counsel or additional professional advisors as may be reasonably
necessary or appropriate to complete the negotiations and proceedings.  In the
event of a deadlock among the lessees or other inability to proceed with the
rent renegotiation on behalf of the lessees, the lessees' counsel may apply to
the circuit court of the judicial circuit in which the condominium is located
for instructions.  The association shall not instruct or direct the lessees'
counsel or other professional advisors.  All costs and expenses incurred under
this subsection shall be assessed by the association to the lessees as provided
in subsection (a) or (b), as may be applicable.



(d)  As
used in this section, "lessees" or "remaining lessees"
means all unit owners who have not purchased the leased fee interest appurtenant
to their units as of the earlier of any date specified in the lease or sublease
for the commencement of lease rent negotiation or nine months prior to the
commencement of the term for which lease rent is to be renegotiated.  The
board's allocation of expenses under this section shall be final and binding in
the absence of a determination that the board abused its discretion. [L 2004, c
164, pt of §2; am L 2006, c 273, §28]