by Raymond Daniel Burke | Sep 26, 2013
The Maryland Court of Appeals has affirmed 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.
Such claims are often supported by a medical analysis known as “differential diagnosis” and sometimes referred to as “repetitive exposure protocol,” which as been used by physicians to attribute various medical symptoms to inhalation of mold in water-damaged buildings. Rather than demonstrating a specific exposure to a specific mold resulting in a specific reaction, differential diagnosis uses a process that “rules out” or “rules in” possible causes of symptoms a patient is experiencing to determine that their symptoms are related to exposure to mold. Differential diagnosis has been frequently used to show an association between exposure to mold in wet buildings and certain human health effects. In its opinion in the case of Montgomery Mutual Insurance Co. v. Chesson, the Maryland Court of Special Appeals held that this method is not sufficiently accepted in the scientific community so as to be used as a basis for medical testimony in mold cases. The Court of Special Appeals reversed a trial court ruling that found such medical testimony to be reliable and admissible. Maryland’s highest court, the Court of Appeals, has now affirmed the Court of Special Appeals decision. Chesson v. Montgomery Mutual Insurance Co., Case No. 97, Sept. Term 2012. (more…)
by Raymond Daniel Burke | Sep 25, 2013
An amendment to the Maryland Contract Lien Act, as it relates to the foreclosure of liens by condominiums and homeowners associations, takes effect on Tuesday, October 1, 2013. 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. As a result, unpaid fines or other charges may not be the basis for a lien. Additionally, the new law requires that related costs and fees imposed in connection with the lien 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.” The law expressly provides that it is “to apply only prospectively and may not be applied or interpreted to have any effect on or application to any lien filed before the effective date.” (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. (more…)
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…)
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…)
