by Raymond Daniel Burke | May 20, 2013
Governor Martin O’Malley has signed into law legislation passed by the Maryland General Assembly that amends the Maryland Contract Lien Act as it relates to the foreclosure of liens by condominiums and homeowners associations. 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.” (more…)
by Raymond Daniel Burke | Apr 9, 2013
The Maryland General Assembly has passed amendments to the Maryland Contract Lien Act that effect the foreclosure of liens by condominiums and homeowners associations. The changes to Section 14-204 of the Real Property Article of the Maryland Annotated Code 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”. (more…)
by Raymond Daniel Burke | Apr 4, 2013
Bills introduced late in both houses of the Maryland General Assembly would limit the rights of condominiums and homeowners associations to recover attorney’s fees from homeowners. Senate Bill 1062 and House Bill 1532 would apply to actions by councils of unit owners and homeowners associations against individual owners for delinquent assessments or to enforce a nonmonetary violation of the governing documents. The Bills would preclude a condominium or homeowners association from demanding, collecting or seeking to recover attorney’s fees “unless the amount of the attorney’s fees is reasonable in relation to the amount in controversy or the nature of the nonmonetary violation.” (more…)
by Raymond Daniel Burke | Apr 4, 2013
[Reprinted from The Baltimore Sun April 2, 2013]
April, in these parts, is irresistibly transformative. Vibrant life and color rise up and relentlessly overwhelm a drab winter’s landscape, inspiring notions in the human heart of renewal and redemption. And with it comes another baseball season, and all its manifestations of new beginnings and the grand possibilities that await in the lush green days ahead. (more…)
by Raymond Daniel Burke | Mar 26, 2013
By a unanimous vote, the Maryland Senate approved SB 167, which would prevent residential condominium developers from including provisions in declarations, bylaws, sales contracts or other instruments that limit the rights of condominium councils and unit owners to bring claims, specifically targeting warranty claims against the developer. It would add new Section 11-134.1 to the Maryland Condominium Act, which would make certain provisions of this nature unenforceable, and would limit the scope of others.
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