by Raymond Daniel Burke | Feb 25, 2013
House Bill 23, now before the Maryland General Assembly, would require information concerning “potential” special assessments to be included in resale contracts for both condominium units and properties subject to a homeowers association. Perhaps in response to the protracted litigation in MRA Property Management, Inc. v. Armstrong, 426 Md. 83, 43 A. 3d 397 (2012), which concerned the alleged failure to disclose knowledge of defects that would ultimately require special assessments to repair, the proposed legislation would amend Section 11-135 of the Maryland Condominium Act and Section 11B-106 of the Maryland Homeowners Association Act to require that any resale contract include a notice of “any potential special assessment that is referenced within the preceding 12 months in” (1) the agenda or minutes of any meeting of the board of directors of a condominium, or the governing body of a homeowners association; or (2) a vote at a meeting of a condominium’s council of unit owners or a homeowners association. As proposed, the new requirement would apply to a mere reference to the possibility of a special assessment, and not to just actual special assessment proposals or enactments.
by Raymond Daniel Burke | Feb 20, 2013
I will be part of a faculty of local attorneys presenting a seminar entitled: “Anatomy of a Defect: What it is and the Rules that Apply.” The program is sponsored by the National Business Institute, and will be presented in Baltimore on May 1, 2013 at the Radisson Lord Baltimore Hotel. My presentation will focus on what constiutes a defect, including common types of patent and latent defects, as well as pertinent statutes, codes and regulations.
by Raymond Daniel Burke | Feb 5, 2013
[REPRINTED FROM THE BALTIMORE SUN, FEBRUARY 3, 2013
The spectacular playoff run that brings the Ravens to this week’s Super Bowl rightfully has the City literally and figuratively aglow in purple. Of course, there are those who will assert that it is only a game, and there are far more pressing issues that should rightfully occupy the local headlines. It is true that it is just a game. As in many ways game day is just another afternoon. But sometimes it is more than could have ever been imagined. (more…)
by Raymond Daniel Burke | Dec 21, 2012
The Maryland Court of Appeals has granted a petition for certiorari and agreed to hear an appeal from a decsion of the Court of Special Appeals ruling that certain expert testimony is not admissible to support medical clams arising from exposure to mold and other environmental byproducts of damp buildings. (more…)
by Raymond Daniel Burke | Nov 21, 2012
Ober|Kaler Construction Group principal Raymond D. Burke and associates Mathew T. Vocci and Jackson B. Boyd secured judicial confirmation earlier this year in the Circuit Court for Baltimore City of a significant arbitration award on behalf of the owner of a penthouse condominium unit located at 100 Harborview Drive in Baltimore’s Inner Harbor. The Circuit Court’s confirmation of the $1,252,487 arbitration award resulted in what is believed to be Maryland’s largest judgment against a condominium council of unit owners for its failure to maintain, repair, and replace the common elements of a condominium building (in this case, the roof system, exterior façade, and HVAC ductwork of a 27-story high-rise). The Circuit Court also confirmed the arbitration award’s order of specific performance, which requires the condominium’s council of unit owners to replace the building’s roof system, repair its exterior façade, clean its HVAC ductwork, and insulate its rooftop exterior HVAC ductwork. The value of the work required by the specific performance order is approximately $6 million. (more…)
