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More On The New Law Limiting The Basis For Lien Foreclosure

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…)

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.

Ocean City Condo Show This Weekend

The Ocean City Condo Show is this weekend at the R.E. Powell Ocean City Convention Center, Saturday, October 26 and Sunday, October 27.  Please look for the ad for this  blog in the show program and in this  week’s edition of The Bayside Gazette  and Ocean City Today.

Maryland Condo Law Blog To Be Featured In The Ocean City Spring Home,Condo and Outdoor Show Program

Ocean City area residents and visitors should look for information on this blog in the Ocean City Spring Home, Condo and Outdoor Show Program.  The 28th annual show will take place at the R.E. Powell Ocean City Convention Center during the weekend of October 25 – 27.  The program will be available at the show, and can also be found as an insert in that week’s edition of The Bayside Gazette  and Ocean City Today.