Maryland Attorney General Is Authorized To Address Violations Of The Condominium Act Affecting Consumers

The Maryland Condominium Act contains a somewhat unusual provision that expressly vests broad authority to address violations of the Act in the office of the Attorney General.  Section 11-130  provides that, “[t]o the extent that a violation of any provision of this title affects a consumer, that violation shall be within the scope of the enforcement duties and powers of the Division of Consumer Protection of the Office of the Attorney General.”  For purposes of this provision, a consumer is defined as “an actual or prospective purchaser, lessee, assignee or recipient of a condominium unit.”  Also included as a consumer is any “co-oligor or surety for a consumer.”  Accordingly, prospective purchasers and persons having an possessory interest in a condominium unit, alleged to be aggrieved by a violation of any provision of the Condominium Act, may seek the intervention of the Consumer Protection Division of the Attorney General’s Office.