by Raymond Daniel Burke | Jul 2, 2013
[Reprinted from The Baltimore Sun, July 2, 2013]
In an age of surveillance, has government of the people perished?
Even with all of the monuments, markers and preserved artillery pieces, the pastoral calm of south central Pennsylvania still dominates the battlefield where some 160,000 Americans clashed in the continent’s most epic and consequential military confrontation. The familiar images from three raging days of furious and deadly battle for America’s soul still stand in stark contrast to the undeniable tranquility of the setting. Yet it was here that the union was most famously preserved, and where Abraham Lincoln, in his eloquent address, ultimately challenged the nation to establish a new birth of freedom based on its founding ideals of liberty and equality. During this week’s 150th commemoration of the battle, we could all do well to be mindful of Lincoln’s call for resolve that Gettysburg’s dead shall not have died in vain.
Today we find that the National Security Agency, dedicated to the collection and analysis of foreign communications, has routinely engaged in covert surveillance of the American public’s phone and internet usage. That it took a criminal act to reveal this is demonstrative of how little “government by the people” was involved in the development of this policy. It was conceived and carried-out entirely in secret and apart from the deliberations of a democratic republic, and was thus undiscoverable in the normal processes of government. (more…)
by Raymond Daniel Burke | Jun 25, 2013
The interpretation of condominium resale disclosure requirements remains unclear as a result of certain Maryland court decisions and the Maryland General Assembly’s failure to provide clarification during the 2013 Session. Those disclosure requirements are intended to provide prospective condominium purchasers with sufficient information about potential expenses so as to permit them to make an informed purchase decision. Uncertainty arose when the Maryland Court of Appeals, in a footnote concerning an issue not even before the Court, offered the opinion that the required disclosure of known code violations, at the time of resale of a unit, under Section 11-135 of the Maryland Condominium Act, refers only to “charged violations.” While this observation was offered in dicta, and is not binding law, it suggested that knowledge of building or health code violations, that ultimately could lead to expensive repairs, need not be disclosed to a would-be purchaser unless the condition had been formally cited by the local code authority. During the 2013 session, legislation was considered that would have touched on this issue by requiring disclosure of “potential” special assessments, but the proposed new law was never enacted. Subsequently, in at least one unreported opinion, the Maryland Court of Special Appeals relied on the Court of Appeals statement to hold that knowledge of a violation requires “notice or citation from an official enforcement agency.” While the unreported opinion is also not binding law, the two decisions have clearly suggested a limited disclosure requirement that may not provide the level of information intended by the statute. (more…)
by Raymond Daniel Burke | Jun 7, 2013
A bill that would have prevented residential condominium developers from including provisions in declarations, bylaws and sales contracts that limit the rights of condominium councils and unit owners to bring claims, specifically targeting warranty claims against the developer, passed in the Maryland Senate, but failed in committee in the House. Senate Bill 167, which passed by a vote of 44 – 0, would have added new Section 11-134.1 to the Maryland Condominium Act. It would have made certain provisions in governing unenforceable, and would have limited the scope of others. (more…)
by Raymond Daniel Burke | Jun 7, 2013
The Maryland House of Delegates did not vote on a Senate bill that would have changed the current provisions applicable to the rights of condominiums and homeowners associations to terminate contracts that were entered into by the developer prior to the property owners having assumed control of the community. Senate Bill 162, which passed the Senate by a vote of 37 – 7, would expand the developer contracts now subject to termination by a subsequently elected independent governing body to include contracts providing “telecommunications, internet, cable, or other video services” in addition to utility services and communications systems.
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by Raymond Daniel Burke | May 30, 2013
A bill to license and regulate property managers that had passed in the Maryland House of Delegates died in committee in the Maryland Senate. By a vote of 103 – 35, the House had passed HB 576, which would establish a new regulatory agency for the licensing of community managers of condominiums, cooperative housing corporations, and homeowners associations. However, a cross-filed bill in the Senate never made it out of committee. (more…)
