This piece on the killing of a 3-year-old in a drive-by shooting is running in The Baltimore Sun online now, and will appear in the August 6 print version:
http://www.baltimoresun.com/news/opinion/oped/bs-ed-mckenzie-elliott-20140805,0,422079.story
I am pleased to report that our Construction Practice Group at Ober Kaler has received a prestigious ranking as a leading law firm in Construction for 2014 by The Legal 500, including special recognition of my condominium practice. The following is The Legal 500’s description:
“Ober Kaler’s practice is co-chaired by John Morkan and the ‘honest and intelligent’ Joseph Kovars, with a further 16 lawyers spread across its Baltimore and Washington DC offices giving the firm a national scope. Most of its recent work has been government related, such as advising public authorities on heavy highway construction, or assisting private sector clients on government bid protests and PPP projects. Universities and colleges have been a stable client base, though the firm serves all industry sectors, with a strong emphasis on contentious matters. The ‘excellent construction litigation department’ represents private owners in building and construction defect claims, and acts for developers, public authorities, and construction companies. Raymond Burke is ‘an expert among experts in his field’, and has special knowledge of condominium association litigation. The firm is acting as counsel to the US Department of Justice, Antitrust Division andothers regarding the review and analysis of the design and construction of an $850m expansion of a Mexican brewery. It also defended Diamond State Port Corporation in a dispute brought by the contractor arising from alleged breach of contract in connection with the rehabilitation of berth four at the Port of Wilmington. Firm chair John Wolf and Barbara Werther are additional key contacts.”
PRESS RELEASE:
Raymond Daniel Burke Selected for Maryland Super Lawyers 2014
Prominent Construction Attorney Ranks Among State’s Super Lawyers for Eighth Consecutive Year
BALTIMORE: June 19, 2014. The law firm Ober|Kaler announced today that, for the eighth consecutive year, principal Raymond Daniel Burke has been selected for inclusion in Maryland Super Lawyers 2014 in the Construction Litigation category. Mr. Burke has been selected every year since Super Lawyer rankings were created in 2007. He is one of the region’s top construction and real estate development lawyers, and has more than thirty years of experience in matters relating to condominium and other multi-use development matters. (more…)
During 2010 legislative session, then Maryland General Assembly enacted an amendment to Section 10-131 of the Maryland Condominium Act governing the warranty period for the implied warranties on the common elements of a condominium. Originally, the warranty on common elements commenced “with the first transfer of title to a unit owner” and ran for three years. This provision gave rise to problems in enforcing the warranty in communities where unit sales were slow, and a majority of the units remained unsold for an extended period of time. In such cases, majority control of the condominium remained in the hands of the developer well into, and sometimes beyond, three years following the transfer of title to the first unit. As a result, during 2010 session, the General Assembly amended the statute to provide that the common element warranty run for a period of three years from the first transfer of title, or “2 years from the date on which the unit owners, other than the developer and its affiliates, first elect a controlling majority of the members of the board of directors for the council of unit owners, whichever occurs later.” However, it is important to note that the legislation provided that it would only apply prospectively from the time of its enactment on October 1, 2010. Accordingly, any condominium with a declaration, bylaws and plat recorded prior to that date is governed by the original version of the statute, requiring that the warranty commence upon the first transfer of title to a unit and runs for three years.
Common element warranties in condominiums created prior to October 1, 2010 are always governed by the original provision, regardless of when the unit owners took control. Common element warranties in condominiums created after October 1, 2010 may be governed by either the original provision or the amendment. If three years after transfer of title to the first unit is later than two years after the unit owners take control, the original provision applies. If, however, two years after the unit owners take control is later than three years after transfer of title to the first unit, the amendment applies. (more…)
In a case in which my colleague, Jack Boyd, and I represented the unit owner, the Circuit Court for Baltimore City has held a high-rise condominium in contempt of a prior order of the Court to undertake and complete repairs to the exterior common elements needed to make the building watertight. During a three-day trial, the Court found that both the failure to include certain specified items in the repair contract, and the failure to complete the repairs within the time ordered by the Court, amounted to willful contempt, and called for the imposition of sanctions. The Court further found that the case presented the “exceptional circumstances” required under Maryland law for the award of compensatory damages as part of the sanction. The Court also established certain construction deadlines to be met in order for the Condominium to avoid additional damage payments. (more…)
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.