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Maryland Senate Passes Bill Precluding Limits On The Rights Of Condominiums Councils And Unit Owners To Sue

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. (more…)

Maryland Senate Passes Amendment To Provisions For Termiantion Of Developer Contracts

By a vote of 37 – 7, the Maryland Senate passed SB 162, which provides for amendments to 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.  The legislation expands 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. (more…)

Maryland House Passes Revisions to Contract Lien Act

By a unanimous vote, the Maryland House of Delegates passed HB 628, which amends and clarifies the Maryland Contract Lien Act.  The legislation establishes that a party entitled to enforce a lien may also bring suit for money damages without waiving their rights with respect to the lien, and can bring an action to recover any deficiency after foreclosure, either in the foreclosure proceeding or as a separate suit. (more…)

Maryland House And Senate Pass Differing Versions of Bills Precluding Lien Foreclosures Based On Fines

Bills passed in the Maryland House of Delegates and Senate would limit lien foreclosures to claims for delinquent assessments only, and would preclude foreclosure actions based fines and related fees imposed by an association.  The House passed HB 286 by a unanimous vote of 138 – 0, and the Senate passed SB 161 by a vote of 37 – 7.  The primary difference in the two bills is that the House version applies to condominiums and homeowners associations, while the Senate version would also apply to cooperative housing corporations. (more…)

Maryland Senate and House Pass Measure Providing For Closed Meetings of Condominium Boards To Consider “Business Tranactions”

House Bill 388 and Senate Bill 197 have both been approved by unanimous votes in each house of the Maryland General Assembly.  The identical enactments would amend Section 11-109.1 of the Maryland Condominium Act to provide that the board of directors of a condominium council of unit owners may meet in closed session for “consideration of the terms or conditions of a business transaction in the negotiation stage if disclosure could adversely affect the economic interests of the council of unit owners.”  If approved by the Governor, the amendment would take effect on October 1, 2013. (more…)