Select Page

Proposed Legislation To Protect Condominium Warranty Claims Again Dies In Committee

by | Apr 15, 2015

The Maryland General Assembly again rejected legislation that would prevent residential condominium developers from including certain provisions in the project’s governing documents or sales contracts that limit the developer’s liability for construction defects. Senate Bill 570 and House Bill 829 both failed to make it out of committee for a vote on the floor.  The bills would have prohibited provisions in the declaration, bylaws or rules and regulations that limit the ability of a council of unit owners to file suit on behalf of itself or the unit owners or enforce warranty claims. The proposed new law would also have precluded limits on the rights of condominium councils or individual unit owners to bring claims relating to an alleged failure of the developer to comply with building codes, county approved plans and specifications, product manufacturer’s installation instructions, and other construction industry standards. Proposed new Section 11-134.1 of the Maryland Condominium Act would prohibit provisions designed to prevent the filing of a claim within the applicable period of limitations or prevent claims from accruing pursuant to the “discovery rule.” The new law would also preclude provisions requiring a vote of the unit owners approving the initiation of a claim, unless such a requirement is adopted after the unit owners assume control of the community from the developer.

Both Houses of the Maryland General Assembly Pass Versions Of Bill Affecting Resale Disclosures

by | Apr 15, 2015

Versions of a bill that was originally intended to limit fees charged by condominium associations for providing resale certificates has passed both houses of the Maryland General Assembly with amendments that limit the association’s liability for inaccurate information contained in those certificates.  The Maryland Senate has joined the House of Delegates in passing an amended version of House Bill 1007, which limits the liability of a council of unit owners or a homeowners association for errors and omissions in the content of the resale certificate to the amount of the fees paid for the certificate.  As originally proposed, HB 1007 would have limited the fee charged by condominium councils of unit owners for providing required information in connection with the resale of a unit.  It also provided that required resale disclosure information to be furnished by a homeowners association as part of the sale of a home in the community.  These requirements were retained in the amended bill passed by both houses, with an amendment that limits the fees charged to “the lesser of $175 or the actual cost.”  But the amended version goes much further.  In addition to providing for two additional fees associated with the resale process, the approved version of the bill provides that “[a]ny liability of the council of unit owners for an error or omission in the certificate shall be limited to the amount of the fees paid for the certificate.”  This same limit on liability applies to the certificates now required to be furnished by homeowner associations.  (more…)

Here Is The Text To My Opening Day Opinion/Commentary Piece In Today’s Baltimore Sun

by | Apr 6, 2015

United In Baseball

Memorial Stadium’s general admission seats brought people together in the ’60s, despite racial strife

By Raymond Daniel Burke

Oct. 8, 1966, is for me, a day thick with enduring and vivid memories. It was a Saturday, the day of the first World Series game ever played in Baltimore, and I doubt that an autumn sun ever shined so brightly or felt so inviting as the one that fell that day on the baseball faithful of this town. We were nothing less than collectively giddy. In the most improbable fashion, the Orioles had beaten the favored Dodgers in the series’ first two games in Los Angeles, defeating the defending champions and their two Hall of Fame-bound pitchers on successive afternoons earlier that week.

For game three at Memorial Stadium, my brother and I had scored tickets in what typically was the general admission area of left field. A unique blend of Baltimore came together here, above the high green outfield wall, to share backless bench seats on a first-come, first-served basis. It was a relaxed place, and often one of the most racially and ethnically integrated spots in the city, providing a venue for personal observations on baseball and on life. (more…)