Maryland Condo Law Blog
An online resource for condominium and homeowner associations and their members, and for developers, builders, contractors, architects, engineers and others in the building industry.
Maryland Senate and House Pass Measure Providing For Closed Meetings of Condominium Boards To Consider “Business Tranactions”
House Bill 388 and Senate Bill 197 have both been approved by unanimous votes in each house of the Maryland General Assembly. The identical enactments would amend 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.” If approved by the Governor, the amendment would take effect on October 1, 2013. read more…
Legislature Considers Amendments To Provisions For Termination Of Developer Contracts
Senate Bill 162, now pending in the Maryland General Assembly, would change 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. It 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. read more…
Maryland Senate Versions of House Bills
The following are Maryland General Assembly Senate versions of House bills discussed in previous posts:
Licensing and regulation of property managers – SB 794
Precluding limits on causes of action – SB 167
Limiting liens to delinquent assessments and not fine – SB 161
Resale notice of potential special assessment – SB 176
Closed meetings to consider business transactions – SB 197
Legislature Considers Extending Maryland Solar Grant Program To Condominiums, Coops And Homeowners Associations
Senate Bill 136, now pending in the Maryland General Assembly, would make condominiums, cooperative housing corporations, and homeowners associations eligible to receive grants from the Maryland Solar Energy Grant Program to contribute to the cost of acquiring and installing photovoltaic and solar water heating equipment.
Maryland Legislature Considers Limits On Attorney’s Fees Charged To Homeowners
Legislation pending in the Maryland General Assembly would limit attorney’s fees recoverable by condominiums from unit owners, and by homeowners associations from lot owners, in connection with collecting assessments or fines. House Bill 1532 would add new Section 11-110.1 to the Maryland Condominium Act and new Section 11B-117.1 to the Homeowners Association Act. It would prohibit a council of unit owners or homeowners association from demanding, collecting or seeking to recover attorney’s fees from a unit owner “unless the amount of the attorney’s fees is reasonable in relation to the amount in controversy or the nature of the non-monetary violation. read more…
Maryland Legislature Considers Bill To Permit Certain Qualified Unit Owners To Rent Their Units Despite Restrictions On Rentals
The Maryland General Assembly is considering a bill that would require that condominium unit owners, under certain qualifying circumstances, be permitted to rent their units even where the condominium governing documents limit the number of units that can be rented. House Bill 1195 would add new Section 11-111.4 to the Maryland Condominium Act, and provide that unit owners who had experienced a “financial event” be allowed to rent their units despite a provision in the governing documents limiting the number or percentage of units that can be rented. read more…
Maryland General Assembly Considers Legislation Precluding Limits On Condominium Rights To Sue
House Bill 1141, now pending in the Maryland General Assembly, would prevent 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. It would add new Section 11-134.1 to the Maryland Condominium Act, which would make certain provisions in governing unenforceable, and would limit the scope of others. read more…
Maryland Legislature Considers Requirements For Foreclosure of Liens By Condominiums, Coops and Homeowner Associations
House Bill 811, now pending before the Maryland General Assembly, would establish new notice requirements before a condominium, cooperative housing corporation or homeowner association would be able to pursue lien foreclosure for unpaid assessments. The proposed enactment of new Section 7-105.13 of the Real Property Article of the Annotated Code of Maryland would require that an action to foreclose a lien may not be filed until 45 days after written notice of intent to foreclose is provided. A complaint foreclose a lien would have to be accompanied by an affidavit establishing the debt owed and a copy of the notice of intent to foreclose. A foreclosure sale could not occur until at least 45 days after service of the complaint and supporting documents. read more…
Legislature Considers Clarifications to Maryland Contract Lien Act
The Maryland General Assembly is considering a bill that would clarify the language of the Maryland Contract Lien Act regarding the right to maintain a suit for monetary damages in addition to foreclosure. The proposed revisions in House Bill 628 would make clear that a lien holder, including liens for unpaid assessments held by a condominium council of unit owners, could be subject to a monetary suit for damages, even if the lien has not been foreclosed; that such suits for monetary damages may include costs and attorney’s fees; and that, after foreclosure, a suit for monetary judgment could be brought for any deficiency either within the foreclosure proceeding or as a separate suit. read more…
Maryland General Assembly Again Considers Legislation To License And Regulate Community Managers
A proposal to establish a new regulatory agency for the licensing of community managers, that failed in during 2012 legislative session, is again before this year’s session of the Maryland General Assembly. House Bill 576 would establish a new regulatory agency for the licensing of community managers of condominiums, cooperative housing corporations, and homeowners associations. read more…
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The Maryland Condo Law Blog is written by Raymond Daniel Burke. One of the region's top construction and real estate development lawyers, Ray has more than 35 years of experience in matters relating to condominium and other multi-use development matters.