by Raymond Daniel Burke | Jan 25, 2016
Legislation has again been introduced in the Maryland General Assembly to prevent developers from including provisions in condominium governing documents that limit the developer’s liability for construction defects. Senate Bill 250, introduced by Senator Delores G. Kelley, would prohibit 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 preclude 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. (more…)
by Raymond Daniel Burke | Jan 22, 2016
The Maryland Court of Special Appeals has held that a construction company is entitled to coverage under its subcontractor’s insurance policy as to claims that it was negligent in its supervision of the subcontractor and the work site. In James G. Davis Construction Corp. v. Erie Insurance Exchange, No. 802, Sept. Term 2014, a construction company and its scaffolding subcontractor were both sued in a personal injury action following the collapse of scaffolding at a residential construction site. In an opinion dated October 28, 2015, the Court of Special Appeals reversed a lower court declaratory judgment ruling, and held that the subcontractor’s liability policy provided coverage for the construction company in response to the plaintiff’s claims that the construction company failed to exercise reasonable care in its control of the construction site, the construction of the scaffolding, and its general supervision of the project.
by Raymond Daniel Burke | Jan 21, 2016
The text of Senate Bill 168, which would provide for the installation of electric vehicle chargers at condominiums and in homeowner associations, as well as at rental properties, is now available. The proposed legislation would void any provision in condominium and homeowner association documents that unreasonably restricts the installation of chargers, and would regulate and limit the approval process by which a homeowner could secure approval to install a charger.
Here is a link to the full text of the bill: http://mgaleg.maryland.gov/2016RS/bills/sb/sb0168f.pdf
by Raymond Daniel Burke | Jan 18, 2016
A bill introduced in the early stages of the 2016 session of the Maryland General Assembly would make provisions for the installation of electric vehicle chargers that impact condominiums and homeowners associations. Senate Bill 168 is sponsored by Senator Brian Feldman of Montgomery County The language of a similar bill introduced during the 2015 session (SB 762), also introduced by Senator Feldman, would void any provision in condominium and homeowner association documents that restricts the installation of chargers, and would regulate and limit the approval process by which a homeowner could secure approval to install a charger. The text of this year’s bill should be available shortly.
by Raymond Daniel Burke | Jan 14, 2016
Here is a link to my opinion/commentary that was published in The Baltimore Sun on Christmas Day. The full text appears after the break.
http://www.baltimoresun.com/news/opinion/oped/bs-ed-murphy-dissent-20151224-story.html (more…)
