Author Archives: rburke

PROPOSED LEGISLATION WOULD EXPAND WARRANTY PROTECTION FOR FUTURE CONDOMINIUMS AND HOMEOWNERS ASSOCIATIONS

The current session of the Maryland General Assembly is considering new legislation that would expand common element and common area warranty protections in future condominiums and homeowners associations. House Bill 620 proposes to expand the application of both the three-year condominium common element warranty, and the one-year homeowners association common area warranty, for projects created [...]

MARYLAND GENERAL ASSEMBLY CONSIDERING LIMITED FORECLOSURE RELIEF FOR CONDOMINIUMS AND HOMEOWNERS ASSOCIATIONS

Legislation has been proposed in the current session of the Maryland General Assembly that would provide some relief to condominiums and homeowners associations in the event of a foreclosure. House Bill 842, known as the Residential Association Sustainability Act of 2010, provides that a specified portion of a lien on a condominium unit or lot [...]

Foreclosures Impact Condo Fee Collections

The effects of the recession on real estate values, and the resulting wave of foreclosures throughout the country, has had a direct and immediate impact on the ability of many condominium councils to collect the assessments necessary to properly operate and maintain their communities. Unit owners who are unable to keep up with their mortgage [...]

The Nuances and Subtleties of the Three-Year Common Element Warranty

            A would be condominium buyer has inquired about having heard that it is possible to buy a condominium unit without having the benefit of the three-year common element warranty, because it has already expired at the time of purchase.  What that purchaser heard is absolutely correct.  Maryland’s three-year statutory warranty on certain components of [...]

Green Buildings

During 2005, in Maryland’s venerable Eastern Shore seaport town of Crisfield, an ambitious redevelopment project commenced at the City Dock.  The Captain’s Galley is a luxury condominium complex consisting of a six-story building with 23 residential units, a heated pool, fitness center, boat slips, and a rooftop restaurant.  One notable component of the project specifications [...]

Those So-Called “10-Year” Warranty Policies Are Not Always What They Seem

         If you have bought a new home in Maryland during the last several years, including a new condominium, your purchase likely included what are commonly referred to as “ten-year warranty” policies.”  But a careful reading of the typical provisions of many of these policies reveals that the suggested coverage benefits are nearly non-existent.  In [...]

The Council’s Master Insurance Policy Must Insure Both the Common Elements and the Units

            The law governing condominium insurance requirements, which changed in 2008 as a result of a court decision, has changed again as result of amendments to the Maryland Condominium Act effective June 1, 2009.  During the last legislative session, the Maryland General Assembly took action on the issue in direct response to a 2008 Court [...]

Preserving Your Asset

The Trouble With Mold

When mold was discovered in part of the Hilton Hawaiian Village in Honolulu, it ultimately resulted in the closing for more than a year of an entire 453-room 25-story tower.  It is reported that Hilton spent some $20 Million on consulting and investigation costs, and an additional $35 Million in the remediation.  This is one [...]

Maryland Condominium Owners Need to be Mindful of Common Element Warranty Requirements

If you have decided that the condominium lifestyle is for you, and have purchased a sparkling new unit in a recently constructed complex, you probably take comfort in the fact that Maryland law provides for a three-year warranty on major components of the common elements. However, you may not be aware that when you purchased [...]