Select Page

Right To Terminate Developer Contracts Must Be Exercised Within Three Years

by | Jul 14, 2017

Section 11-133 of the Maryland Condominium Act gives a council of unit owners the right to terminate leases, management contracts, employment contracts, and other contracts entered into by the developer during the period that the developer had control of a majority of the votes in the council.  However, that right of termination must be exercised within three (3) years from the date on which majority control of the council passed from the developer to the unit owners.  Termination of such contracts, if timely exercised, is effective upon thirty (30) days written notice of termination.  Grants to any governmental entity or public utility are not subject to termination.  Also, the right of termination exists only for residential, and not commercial, condominiums.

Maryland’s Highest Court Holds That Condos May Not By Rule Suspend A Unit Owner’s Access To Common Elements For Delinquent Assessments

by | Jun 27, 2017

The Maryland Court of Appeals has invalidated a rule adopted by a condominium to suspend access to common elements for unit owners who are delinquent in paying assessments.  In an opinion issued on June 23, 2017 in the case of Elvation Towne Condominium Regime II, Inc. v. Rose, No. 33, Sept. 2016, the Court held that, in order to restrict access to the common elements as a means of enforcing payment of condominium assessments, such a restriction must be provided in the condominium’s declaration.  It may not be adopted by rule promulgated by the board of directors.  The ruling affirmed prior rulings in the case by the Circuit Court for Anne Arundel County and the Maryland Court of Special Appeals. (more…)

Governor Hogan Signs Law To Require Notice To Homeowners Of Sales Of A Common Element Or Common Area

by | Jun 23, 2017

Maryland Governor, Larry Hogan, has signed into law legislation passed in the General Assembly that requires a condominium council of unit owners or a homeowners association to provide at least 30-days notice to all owners of any sale, including a tax sale, of a common element in the condominium or common area in the HOA.  What had been Senate Bill 809 and House Bill 1369 in the 2017 session will add new Subsection 11-108(d) to the Maryland Condominium Act, and new Section 11B-106.2 to the Maryland Homeowner Association Act.  The notice required to be given must include written notice to every homeowner; posting of a sign on the property; and, if the association has a website, a notice on the home page.

Legislation Enacted To Permit HOAs To Collect Resale Inspection Fees

by | Jun 22, 2017

Beginning in October, Maryland homeowner associations will have the right to collect a fee relating to inspections during the resale process.  What had been House Bill 34 in the 2017 session of the General Assembly, and has now been enacted, entitles an HOA to charge “a reasonable fee not to exceed $50 for an inspection of the lot if required.”  Under Section 11B-106 of the Maryland Homeowner Association Act, sellers are required to provide certain information to prospective purchasers, much of which is often provided by the Association.  Under the statute, the Association can charge “a reasonable fee” for providing this information up to certain limits provided in the statute.  The new law adds an additional fee charge for costs relating to an inspection of the property as part of the resale process.