Comments on: Preserving Your Asset http://www.marylandcondolaw.com/councils-of-unit-owners/preserving-your-asset/ Published By Raymond Burke, Esq. Tue, 15 Jun 2010 18:09:30 -0500 http://wordpress.org/?v=2.8 hourly 1 By: rburke http://www.marylandcondolaw.com/councils-of-unit-owners/preserving-your-asset/comment-page-1/#comment-162 rburke Wed, 14 Apr 2010 21:56:42 +0000 http://www.marylandcondolaw.com/?p=50#comment-162 I suggest you first read your condominium's governing documents. Whether the assessment is valid depends on whether it was adopted in compliance with the procedures set forth in the governing documents. If it was, all unit owners are required to pay accordingly or be subject to late chargers, attorney's fees, and possibly a the imposition of a lien against the unit. Under the Condominium Act, any expenditure that would result in an increase in the condominium's budget of more than 15% requires an amendment to the budget approved by the owners at a special meeting. There is an exception, however, if the expenditure is because of conditions that "could reasonably result in a threat to the health and safety of the unit owners or a significant risk of damage to the condominium." If you are dissatisfied with the performance of the Board of Directors, they are subject to election or recall in accordance with the provisions of your governing documents. Finally, there is no state agency that regulates or investigates condominiums. I suggest you first read your condominium’s governing documents. Whether the assessment is valid depends on whether it was adopted in compliance with the procedures set forth in the governing documents. If it was, all unit owners are required to pay accordingly or be subject to late chargers, attorney’s fees, and possibly a the imposition of a lien against the unit.

Under the Condominium Act, any expenditure that would result in an increase in the condominium’s budget of more than 15% requires an amendment to the budget approved by the owners at a special meeting. There is an exception, however, if the expenditure is because of conditions that “could reasonably result in a threat to the health and safety of the unit owners or a significant risk of damage to the condominium.”

If you are dissatisfied with the performance of the Board of Directors, they are subject to election or recall in accordance with the provisions of your governing documents.

Finally, there is no state agency that regulates or investigates condominiums.

]]> By: Joe http://www.marylandcondolaw.com/councils-of-unit-owners/preserving-your-asset/comment-page-1/#comment-158 Joe Tue, 06 Apr 2010 22:06:56 +0000 http://www.marylandcondolaw.com/?p=50#comment-158 Hello. My condo association wants to charge each owner a one time assessment of $433 due to all the added snow removal costs this past winter. There are about 200 condo owners here and we each pay roughly $180 per month in condo fees. By Maryland law, do we have to pay the $433 assessment? How do condo owners go about getting a new condo management association in here? Is there a state watchdog agency that investigates condo associations? Thanks for any help. Hello. My condo association wants to charge each owner a one time assessment of $433 due to all the added snow removal costs this past winter. There are about 200 condo owners here and we each pay roughly $180 per month in condo fees. By Maryland law, do we have to pay the $433 assessment? How do condo owners go about getting a new condo management association in here? Is there a state watchdog agency that investigates condo associations? Thanks for any help.

]]> By: rburke http://www.marylandcondolaw.com/councils-of-unit-owners/preserving-your-asset/comment-page-1/#comment-108 rburke Thu, 12 Nov 2009 20:02:15 +0000 http://www.marylandcondolaw.com/?p=50#comment-108 Limited common elements are usually portions of the condominium that serve only one unit, but are an intregal part of the building or complex, such as balconies or garages. The responsibility for maintenance of limited common elements will be specified in your declaration or bylaws. The same is true of provisions relating to a right to upgrade or alter the appearance of any component. Each community is different, and you will need to review your governing documents, or have them reviewed by an attorney, to find the answers in your particular case. Generally as to limited common elements, most often, the governing documents will provide that normal and routine maintenance is the responsiblity of the unit owner, while painting and repairs are the responsibility of the council. As to repairs or upgrades, usually a unit owner cannot make alterations to exterior building components without the approval of the council. If the exterior components are common elements, individual unit owners are generally prohibited from making alterations, because those components are owned in common with all owners. Limited common elements are usually portions of the condominium that serve only one unit, but are an intregal part of the building or complex, such as balconies or garages. The responsibility for maintenance of limited common elements will be specified in your declaration or bylaws. The same is true of provisions relating to a right to upgrade or alter the appearance of any component. Each community is different, and you will need to review your governing documents, or have them reviewed by an attorney, to find the answers in your particular case.

Generally as to limited common elements, most often, the governing documents will provide that normal and routine maintenance is the responsiblity of the unit owner, while painting and repairs are the responsibility of the council. As to repairs or upgrades, usually a unit owner cannot make alterations to exterior building components without the approval of the council. If the exterior components are common elements, individual unit owners are generally prohibited from making alterations, because those components are owned in common with all owners.

]]> By: Linda Yaniger http://www.marylandcondolaw.com/councils-of-unit-owners/preserving-your-asset/comment-page-1/#comment-107 Linda Yaniger Thu, 12 Nov 2009 00:09:44 +0000 http://www.marylandcondolaw.com/?p=50#comment-107 We have common areas and then there is the unit and something our documents call limited common elements. Who is responsible for maintenance of the limited common elements (such as exterior doors, garage doors, etc)and under what circumstances can a unit owner make their own repairs or upgrades to exterior elements of the condo? We have common areas and then there is the unit and something our documents call limited common elements. Who is responsible for maintenance of the limited common elements (such as exterior doors, garage doors, etc)and under what circumstances can a unit owner make their own repairs or upgrades to exterior elements of the condo?

]]> By: rburke http://www.marylandcondolaw.com/councils-of-unit-owners/preserving-your-asset/comment-page-1/#comment-106 rburke Tue, 03 Nov 2009 20:51:13 +0000 http://www.marylandcondolaw.com/?p=50#comment-106 Steve, A specific answer to your questions would require a review of the condominium's governing documents to determine what components are common elements and how the maintenance responsibilities are allocated. In general, however, the council is responsible for any damage arising from a defect in a common element. It is also responsible for maintaining insurance that covers damage to both the common elements and the units. So the council is likely to be responsible for your neighbor's water damage. Even if damage to a unit originates from another unit, the owner of the unit that is the source of the damage is only responsible for the council's insurance deductable, up to a maximum of $5,000. That being said, you could still be embroiled in litigation. Even if you are not liable, there are litigation expenses arising from defending the claim. What really needs to happen at your condo is for the council to retain a capable engineer or archtitect to identify the source of the water leakage, specifiy an appropriate repair, and get the problem fixed. Water intrusiion needs to be addressed promptly and properly. Otherwise, you are all at risk for damage to building components and lost property value, as well as potential litigation. Steve,
A specific answer to your questions would require a review of the condominium’s governing documents to determine what components are common elements and how the maintenance responsibilities are allocated. In general, however, the council is responsible for any damage arising from a defect in a common element. It is also responsible for maintaining insurance that covers damage to both the common elements and the units. So the council is likely to be responsible for your neighbor’s water damage. Even if damage to a unit originates from another unit, the owner of the unit that is the source of the damage is only responsible for the council’s insurance deductable, up to a maximum of $5,000. That being said, you could still be embroiled in litigation. Even if you are not liable, there are litigation expenses arising from defending the claim. What really needs to happen at your condo is for the council to retain a capable engineer or archtitect to identify the source of the water leakage, specifiy an appropriate repair, and get the problem fixed. Water intrusiion needs to be addressed promptly and properly. Otherwise, you are all at risk for damage to building components and lost property value, as well as potential litigation.

]]> By: Steve http://www.marylandcondolaw.com/councils-of-unit-owners/preserving-your-asset/comment-page-1/#comment-105 Steve Sun, 01 Nov 2009 10:05:41 +0000 http://www.marylandcondolaw.com/?p=50#comment-105 The owner below my unit keeps asserting that he gets water into his unit everytime we have a storm because he says my windows are leaking. My contention is that even though I have original windows and not replacement windows, my windows aren't leaking and as I also have storm shutters the water is not coming from unit. It's my contention that the roof is leaking 6 floors above us and the water is finding its way into his unit. We've had many roof problems in the past. He says he wants to sue me for water damage, I'm in any way responsible? The condo board hasn't required the owners to replace their windows yet. Thank you Steve The owner below my unit keeps asserting that he gets water into his unit everytime we have a storm because he says my windows are leaking.
My contention is that even though I have original windows and not replacement windows, my windows aren’t leaking and as I also have storm shutters the water is not coming from unit.
It’s my contention that the roof is leaking 6 floors above us and the water is finding its way into his unit. We’ve had many roof problems in the past.
He says he wants to sue me for water damage, I’m in any way responsible? The condo board hasn’t required the owners to replace their windows yet.

Thank you
Steve

]]> By: rburke http://www.marylandcondolaw.com/councils-of-unit-owners/preserving-your-asset/comment-page-1/#comment-62 rburke Wed, 16 Sep 2009 11:50:32 +0000 http://www.marylandcondolaw.com/?p=50#comment-62 Generally, roofs are common elements, the maintenance of which is the responsibility of the Condominium Council. Damages caused to a unit by common element defects are also the responsibility of the Council. The roof problem needs to be evaluated by a competent roofing consultant, and properly repaired in accordance with their recommendations. Then your interior damage can be addressed. You should put the board of directors and the managing agent on written notice of these problems, including the nature of the interior damage, and demand correction. You should also consider delivering and reading the letter at the next Board meeting so that it becomes part of the minutes. If they do not respond, you may need to retain an attorney. [INFORMATION OFFERED HEREIN IS NOT LEGAL ADVICE, AND NO ATTORNEY-CLIENT RELATIONSHIP EXISTS OR IS INTENDED BY VIRTUE OF THE EXCHANGE OF THIS INFORMATION] In sounds as though the re-grading and gutter replacement have not fully addressed the excessive water to which your patio is exposed. The association needs to retain consultants to develop a long term solution. This may include the services of a civil engineer to prepare a repair specification to be executed by a capable contractor. If the association will not do this, you may need to retain counsel to convince them that waiting until the next flood is not in anyone's best interest. INFORMATION OFFERED HEREIN IS NOT LEGAL ADVICE, AND NO ATTORNEY-CLIENT RELATIONSHIP EXISTS OR IS INTENDED BY VIRTUE OF THE EXCHANGE OF INFORMATION HEREIN] rdburke@ober.com rburke 1 Generally, roofs are common elements, the maintenance of which is the responsibility of the Condominium Council. Damages caused to a unit by common element defects are also the responsibility of the Council. The roof problem needs to be evaluated by a competent roofing consultant, and properly repaired in accordance with their recommendations. Then your interior damage can be addressed. You should put the board of directors and the managing agent on written notice of these problems, including the nature of the interior damage, and demand correction. You should also consider delivering and reading the letter at the next Board meeting so that it becomes part of the minutes. If they do not respond, you may need to retain an attorney.

[INFORMATION OFFERED HEREIN IS NOT LEGAL ADVICE, AND NO ATTORNEY-CLIENT RELATIONSHIP EXISTS OR IS INTENDED BY VIRTUE OF THE EXCHANGE OF THIS INFORMATION]

In sounds as though the re-grading and gutter replacement have not fully addressed the excessive water to which your patio is exposed. The association needs to retain consultants to develop a long term solution. This may include the services of a civil engineer to prepare a repair specification to be executed by a capable contractor. If the association will not do this, you may need to retain counsel to convince them that waiting until the next flood is not in anyone’s best interest.

INFORMATION OFFERED HEREIN IS NOT LEGAL ADVICE, AND NO ATTORNEY-CLIENT RELATIONSHIP EXISTS OR IS INTENDED BY VIRTUE OF THE EXCHANGE OF INFORMATION HEREIN]

rdburke@ober.com
rburke
1

]]> By: aaronmiller http://www.marylandcondolaw.com/councils-of-unit-owners/preserving-your-asset/comment-page-1/#comment-48 aaronmiller Sun, 13 Sep 2009 20:04:37 +0000 http://www.marylandcondolaw.com/?p=50#comment-48 Good day! The interior ceiling of my residential/condo is being destroyed due to roof damage. Mgmt. has been informed and has refused to come out to inspect. What recourse do I follow now? I am the individual unit owner. Good day!
The interior ceiling of my residential/condo is being destroyed due to roof damage. Mgmt.
has been informed and has refused to come out to inspect. What recourse do I follow now? I am the individual unit owner.

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