by Raymond Daniel Burke | Jan 22, 2014
Maybe it is the weather, but we have been receiving a number of questions about condominium insurance coverage as between the common elements and units. Here is a summary: A condominium master policy must, at a minimum, cover property damage to all of the condominium structure, including both the common elements and units as originally constructed and finished by the developer, with the unit owners providing individual insurance for their improvements and personal contents. Section 11-114 of the Maryland Condominium Act states that the council of unit owners is required to maintain insurance “[f]or property and casualty losses to the common elements and the units, exclusive of improvements and betterments installed in the units by the unit owners other than the developer.” (more…)
by Raymond Daniel Burke | Jan 21, 2014
As occurred previously in the most recent legislative sessions, a bill has been filled in the 2014 Maryland General Assembly that propose to establish provisions for the licensing and regulation of property managers of residential communities. House Bill 10 would both amend the Business Occupations and Professions Article of the Maryland Annotated Code to create a State Board of Common Ownership Community Managers in the Department of Licensing and Regulation to issue licenses to the managers of “common ownership communities,” which include condominiums, cooperatives and homeowner associations. Such a license would be required before any individual would be permitted to provide property management services to communities in the State. Applicants would be required to complete a training program and pass an examination, along with paying a licensing fee. The licenses would be issued for two years, and would be renewable upon submission of a renewal applciation and fee.
by Raymond Daniel Burke | Dec 24, 2013
I have been asked to reprint my opinion/commentary that appeared in The Baltimore Sun on November 22, 2013:
The walk home from school is what I remember most. It should have been a lighthearted schoolboy stroll for a sixth grader on a cloudy and mild Friday in late November, filled with visions of the weekend ahead and the long Thanksgiving holiday just a few days away. Instead, it was a mournful plodding along a route I had walked daily, yet, on that afternoon, my surroundings seemed somehow alien. The remnants of crisp fallen leaves crackling under foot served as constant reminders that, with each step, my childhood was palpably draining out of me and being left behind to evaporate into memory. I felt it tug at me as I trudged forward, but I dared not turn around to take one final look, for fear of the heartbreak the sight would surely induce. Better to keep my eyes ahead and march on stoically into the inevitable that would be all too vividly displayed on my home’s television screen.
It is not my intent to make more of John F. Kennedy than he was, or imbue him with some idealized cloak of perfection. But if you were of a certain impressionable age, and disposed to dream of the grand things you and your compatriots might accomplish, President Kennedy was a charming catalyst for youthful imagination. The sickly Boston boy had who spent so many weeks in bed devouring history books grew up to demonstrate that knowledge was cool, words could be used powerfully, and intellect offered the path to changing the world. The child of privilege, who became a genuine war hero in the same theater where my own father had served, showed us that service to others and to county is honorable and gives meaning to who we are as a people. (more…)
by Raymond Daniel Burke | Dec 18, 2013
I am pleased to report that I have been named among Maryland’s Super Lawyers for the eighth consecutive year for construction and real estate law. I am also happy to note that four associates in our litigation and construction practice groups, with whom I work regularly on condominium and homeowner association matters, have been named to the list of rising stars: Jack Boyd, Ian Friedman, Kelly Preteroti and Matt Vocci. Congratulations to them on their well-deserved recognition.
by Raymond Daniel Burke | Dec 13, 2013
I have received some questions regarding the new law, which took effect on October 1, 2013, that limits the basis for foreclosure of a lien on a condominium unit by the council of unit owners and foreclosure of a lien on a property by a homeowners association. The new law modifies Section 14-204 of the Real Property Article of the Maryland Annotated Code to prohibit condominiums and homeowners associations from foreclosing on liens for anything other than delinquent periodic or special assessments; meaning that unpaid fines may not be the basis for a lien foreclosure. Additionally, the new law requires that related costs and fees be limited to “reasonable costs and attorney’s fees directly related to the filing of the lien and not exceeding the amount of the delinquent assessments.”
Unpaid fines and other charges may still form the basis of a lien, but the lien may not be foreclosed on the basis. (more…)
