June 7, 2013
A bill that would have prevented residential condominium developers from including provisions in declarations, bylaws and sales contracts that limit the rights of condominium councils and unit owners to bring claims, specifically targeting warranty claims against the developer, passed in the Maryland Senate, but failed in committee in the House. Senate Bill 167, which passed by a vote of 44 – 0, would have added new Section 11-134.1 to the Maryland Condominium Act. It would have made certain provisions in governing unenforceable, and would have limited the scope of others. Read More »
June 7, 2013
The Maryland House of Delegates did not vote on a Senate bill that would have changed the current provisions applicable to the rights of condominiums and homeowners associations to terminate contracts that were entered into by the developer prior to the property owners having assumed control of the community. Senate Bill 162, which passed the Senate by a vote of 37 – 7, would expand the developer contracts now subject to termination by a subsequently elected independent governing body to include contracts providing “telecommunications, internet, cable, or other video services” in addition to utility services and communications systems.
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May 30, 2013
A bill to license and regulate property managers that had passed in the Maryland House of Delegates died in committee in the Maryland Senate. By a vote of 103 – 35, the House had passed HB 576, which would establish a new regulatory agency for the licensing of community managers of condominiums, cooperative housing corporations, and homeowners associations. However, a cross-filed bill in the Senate never made it out of committee. Read More »
May 21, 2013
Governor Martin O’Mally has signed legislation passed by the Maryland Senate and House of Delegates that permits closed condominium board meetings for the purpose of discussion business transactions. House Bill 388 and Senate Bill 197 were both approved by unanimous votes in each house of the Maryland General Assembly. The new law amends Section 11-109.1 of the Maryland Condominium Act to provide that the board of directors of a condominium council of unit owners may meet in closed session for “consideration of the terms or conditions of a business transaction in the negotiation stage if disclosure could adversely affect the economic interests of the council of unit owners.” The Governor signed the bill into law on April 9, 2013, and the amendment will take effect on October 1, 2013. Read More »
May 20, 2013
Governor Martin O’Malley has signed into law legislation passed by the Maryland General Assembly that amends the Maryland Contract Lien Act as it relates to the foreclosure of liens by condominiums and homeowners associations. The new law modifies Section 14-204 of the Real Property Article of the Maryland Annotated Code to prohibit condominiums and homeowners associations from foreclosing on liens for anything other than delinquent periodic or special assessments; meaning that unpaid fines may not be the basis for a lien foreclosure. Additionally, the new law requires that related costs and fees be limited to “reasonable costs and attorney’s fees directly related to the filing of the lien and not exceeding the amount of the delinquent assessments.” Read More »
April 9, 2013
The Maryland General Assembly has passed amendments to the Maryland Contract Lien Act that effect the foreclosure of liens by condominiums and homeowners associations. The changes to Section 14-204 of the Real Property Article of the Maryland Annotated Code prohibit condominiums and homeowners associations from foreclosing on liens for anything other than delinquent periodic or special assessments; meaning that unpaid fines may not be the basis for a lien foreclosure. Additionally, the new law requires that related costs and fees be limited to “reasonable costs and attorney’s fees directly related to the filing of the lien and not exceeding the amount of the delinquent assessments”. Read More »
April 4, 2013
Bills introduced late in both houses of the Maryland General Assembly would limit the rights of condominiums and homeowners associations to recover attorney’s fees from homeowners. Senate Bill 1062 and House Bill 1532 would apply to actions by councils of unit owners and homeowners associations against individual owners for delinquent assessments or to enforce a nonmonetary violation of the governing documents. The Bills would preclude a condominium or homeowners association from demanding, collecting or seeking to recover attorney’s fees “unless the amount of the attorney’s fees is reasonable in relation to the amount in controversy or the nature of the nonmonetary violation.” Read More »
March 26, 2013
By a unanimous vote, the Maryland Senate approved SB 167, which would prevent residential condominium developers from including provisions in declarations, bylaws, sales contracts or other instruments that limit the rights of condominium councils and unit owners to bring claims, specifically targeting warranty claims against the developer. It would add new Section 11-134.1 to the Maryland Condominium Act, which would make certain provisions of this nature unenforceable, and would limit the scope of others. Read More »
March 26, 2013
By a vote of 37 – 7, the Maryland Senate passed SB 162, which provides for amendments to the current provisions applicable to the rights of condominiums and homeowners associations to terminate contracts that were entered into by the developer prior to the property owners having assumed control of the community. The legislation expands the developer contracts now subject to termination by a subsequently elected independent governing body to include contracts providing “telecommunications, internet, cable, or other video services” in addition to utility services and communications systems. Read More »
Marylandcondolaw.com is written by Raymond D. Burke, a principal in Ober|Kaler’s Construction Group. One of the region's top construction and real estate development lawyers, Ray has more than 25 years of experience in matters relating to condominium and other multi-use development matters.
On Opening Day — Remembering Earl
[Reprinted from The Baltimore Sun April 2, 2013]
April, in these parts, is irresistibly transformative. Vibrant life and color rise up and relentlessly overwhelm a drab winter’s landscape, inspiring notions in the human heart of renewal and redemption. And with it comes another baseball season, and all its manifestations of new beginnings and the grand possibilities that await in the lush green days ahead. Read More »