Comments on: The Council’s Master Insurance Policy Must Insure Both the Common Elements and the Units http://www.marylandcondolaw.com/uncategorized/the-councils-master-insurance-policy-must-insure-both-the-common-elements-and-the-units/ 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/uncategorized/the-councils-master-insurance-policy-must-insure-both-the-common-elements-and-the-units/comment-page-1/#comment-249 rburke Tue, 15 Jun 2010 18:09:30 +0000 http://www.marylandcondolaw.com/?p=71#comment-249 The condominium is required to provide insurance for the common elements and the units as originally finished by the developer. The unit owner insures changes made to the unit since construction, and the contents. [INFORMATION OFFERED HEREIN IS NOT LEGAL ADVICE, AND NO ATTORNEY-CLIENT RELATIONSHIP EXISTS OR IS INTENDED BY VIRTUE OF THE EXCHANGE OF THIS INFORMATION] The condominium is required to provide insurance for the common elements and the units as originally finished by the developer. The unit owner insures changes made to the unit since construction, and the contents.

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

]]> By: Corinne http://www.marylandcondolaw.com/uncategorized/the-councils-master-insurance-policy-must-insure-both-the-common-elements-and-the-units/comment-page-1/#comment-245 Corinne Fri, 11 Jun 2010 13:55:53 +0000 http://www.marylandcondolaw.com/?p=71#comment-245 I live in a condominium association (townhouse condominiums) that has never covered the individual units in their master insurance policy. There have been questions as to whether or not the association is required to follow the new condominum law requiring the master insurance policy covering the units. For 20+ years the homeowners have all gotten their own insurance policies. It is my understanding that the association must follow the Maryland Condominium Law. I live in a condominium association (townhouse condominiums) that has never covered the individual units in their master insurance policy. There have been questions as to whether or not the association is required to follow the new condominum law requiring the master insurance policy covering the units. For 20+ years the homeowners have all gotten their own insurance policies. It is my understanding that the association must follow the Maryland Condominium Law.

]]> By: rburke http://www.marylandcondolaw.com/uncategorized/the-councils-master-insurance-policy-must-insure-both-the-common-elements-and-the-units/comment-page-1/#comment-164 rburke Wed, 14 Apr 2010 22:10:26 +0000 http://www.marylandcondolaw.com/?p=71#comment-164 There is no condo law manual. If you are referring to the Maryland Condominium Act, it is available online at michie.lexisnexis.com/maryland. Look under Marland Code - Real Property - Title 11. It is also available as a link on my blog. Look under "Resources" for "Marylad Condo Laws." There is no condo law manual. If you are referring to the Maryland Condominium Act, it is available online at michie.lexisnexis.com/maryland. Look under Marland Code – Real Property – Title 11. It is also available as a link on my blog. Look under “Resources” for “Marylad Condo Laws.”

]]> By: rburke http://www.marylandcondolaw.com/uncategorized/the-councils-master-insurance-policy-must-insure-both-the-common-elements-and-the-units/comment-page-1/#comment-163 rburke Wed, 14 Apr 2010 22:03:38 +0000 http://www.marylandcondolaw.com/?p=71#comment-163 I specific answer to your question requires a review of the condominium's governing documents to ascertain what components are part of the common elements and the units, as well as the defined responsibilites as between the association and the unit owners. In general, however, water intrusion comes through the exterior envelope, for which the association is usually responsible. That you bought the unit "as is" relates only to the responsibilites between you and the seller. The association remains responsible for damage caused to a unit by exterior water intrusion. If the water was from a defect in the common elements, the association is responsible for all consequential damages, including damage to interior components and finishes, paint and paper included. I specific answer to your question requires a review of the condominium’s governing documents to ascertain what components are part of the common elements and the units, as well as the defined responsibilites as between the association and the unit owners. In general, however, water intrusion comes through the exterior envelope, for which the association is usually responsible. That you bought the unit “as is” relates only to the responsibilites between you and the seller. The association remains responsible for damage caused to a unit by exterior water intrusion. If the water was from a defect in the common elements, the association is responsible for all consequential damages, including damage to interior components and finishes, paint and paper included.

]]> By: Bernice S. Howard http://www.marylandcondolaw.com/uncategorized/the-councils-master-insurance-policy-must-insure-both-the-common-elements-and-the-units/comment-page-1/#comment-161 Bernice S. Howard Tue, 13 Apr 2010 20:26:49 +0000 http://www.marylandcondolaw.com/?p=71#comment-161 I have been attempting to acquire a copy of the most recent Maryland Condo Law manual. I called the attorney general's office on several occasions, left a voice mail with telephone number, but to no avail. Is there any othercontact source? I have been attempting to acquire a copy of the most recent Maryland
Condo Law manual. I called the attorney general’s office on several occasions, left a voice mail with telephone number, but to no avail. Is there any othercontact source?

]]> By: James Day http://www.marylandcondolaw.com/uncategorized/the-councils-master-insurance-policy-must-insure-both-the-common-elements-and-the-units/comment-page-1/#comment-160 James Day Tue, 13 Apr 2010 18:57:53 +0000 http://www.marylandcondolaw.com/?p=71#comment-160 wow is this website helpful! I am a co-owner, and also a Board member, of a condo here in MD. We bought our unit several months ago, it had a long-term water seepage through the foundation and as a result, the bottom corner of the bedroom closet was always damp. The drywall was moldy, which we removed. It had obviously been like this for a long long time, based on observations and talking with neighbors. We have had several estimates to repair this, but our property manager is delaying. She has also told us that since we bought the condo "as-is", the association is not required to repair the inside. The wall studs were rotted and need replaced, as well as ruined insulation and drywall. I was under the impression that the association's responsibility extends to the "inner, unfinished walls" - meaning that they would reconstruct the interior walls but not have to paint or paper them, is ths correct? Keeping in mind that the wall in question is an exterior wall in that it is against the exterior foundation wall. I cannot find info on this, and the mgr is rude to the point of hanging up on me. Help please! wow is this website helpful! I am a co-owner, and also a Board member, of a condo here in MD. We bought our unit several months ago, it had a long-term water seepage through the foundation and as a result, the bottom corner of the bedroom closet was always damp. The drywall was moldy, which we removed. It had obviously been like this for a long long time, based on observations and talking with neighbors. We have had several estimates to repair this, but our property manager is delaying. She has also told us that since we bought the condo “as-is”, the association is not required to repair the inside. The wall studs were rotted and need replaced, as well as ruined insulation and drywall. I was under the impression that the association’s responsibility extends to the “inner, unfinished walls” – meaning that they would reconstruct the interior walls but not have to paint or paper them, is ths correct? Keeping in mind that the wall in question is an exterior wall in that it is against the exterior foundation wall. I cannot find info on this, and the mgr is rude to the point of hanging up on me. Help please!

]]> By: rburke http://www.marylandcondolaw.com/uncategorized/the-councils-master-insurance-policy-must-insure-both-the-common-elements-and-the-units/comment-page-1/#comment-156 rburke Thu, 01 Apr 2010 17:07:35 +0000 http://www.marylandcondolaw.com/?p=71#comment-156 Your condominium documents govern how limited common elements, such as porches or balconies are treated. In most condominiums, it is usually provided that the unit owner is responsible for cleaning and routine maintenance, and the council is responsible for repairs. The council is responsible for insuring any component that was part of the original construction, including porches. The council should also be responsible for damage caused by a common element. Your condominium documents govern how limited common elements, such as porches or balconies are treated. In most condominiums, it is usually provided that the unit owner is responsible for cleaning and routine maintenance, and the council is responsible for repairs. The council is responsible for insuring any component that was part of the original construction, including porches. The council should also be responsible for damage caused by a common element.

]]> By: rburke http://www.marylandcondolaw.com/uncategorized/the-councils-master-insurance-policy-must-insure-both-the-common-elements-and-the-units/comment-page-1/#comment-146 rburke Mon, 22 Mar 2010 16:52:14 +0000 http://www.marylandcondolaw.com/?p=71#comment-146 The responsibility for maintenance and repair of limited common elements is established in the condominium's governing documents. Usually, the unit owner is responsible for rountine maintenance and cleaning, and the council is responsible for structural repairs. As to damage from a common element, the council is generally responsible for any damage caused by a condition of the common elements. Moreover, the council is required to insure all of the property, including the units, that was part of the original construction. The responsibility for maintenance and repair of limited common elements is established in the condominium’s governing documents. Usually, the unit owner is responsible for rountine maintenance and cleaning, and the council is responsible for structural repairs. As to damage from a common element, the council is generally responsible for any damage caused by a condition of the common elements. Moreover, the council is required to insure all of the property, including the units, that was part of the original construction.

]]> By: Nadia http://www.marylandcondolaw.com/uncategorized/the-councils-master-insurance-policy-must-insure-both-the-common-elements-and-the-units/comment-page-1/#comment-139 Nadia Wed, 10 Mar 2010 03:42:32 +0000 http://www.marylandcondolaw.com/?p=71#comment-139 Does the "units" include limited common areas? My porch roof has a hole due to the ice that fell from the roof (common area). Is my HOA responsible for this? They are saying that they are not. The ice also caused a structural shift of my front porch, there are cracks on the door trim and it is hard to open and shut my door. Does the “units” include limited common areas?
My porch roof has a hole due to the ice that fell from the roof (common area). Is my HOA responsible for this? They are saying that they are not. The ice also caused a structural shift of my front porch, there are cracks on the door trim and it is hard to open and shut my door.

]]> By: rburke http://www.marylandcondolaw.com/uncategorized/the-councils-master-insurance-policy-must-insure-both-the-common-elements-and-the-units/comment-page-1/#comment-128 rburke Mon, 11 Jan 2010 15:44:47 +0000 http://www.marylandcondolaw.com/?p=71#comment-128 In general, a unit owner is entitled to damages that were proximately caused by water intrusion having a common element source. In addition to the physical damage, that can include economic damages such as loss of a tenant or rental income, as well as expenses related to finding temporary alternative living arrangements. If the unit is, in fact, uninhabitable until the repairs are made, that is clearly an element of damages. The timeliness of repairs is generally subject to a reasonableness standard; that is, what is reasonable under the circumstances. In general, a unit owner is entitled to damages that were proximately caused by water intrusion having a common element source. In addition to the physical damage, that can include economic damages such as loss of a tenant or rental income, as well as expenses related to finding temporary alternative living arrangements. If the unit is, in fact, uninhabitable until the repairs are made, that is clearly an element of damages. The timeliness of repairs is generally subject to a reasonableness standard; that is, what is reasonable under the circumstances.

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