by Raymond Daniel Burke | Mar 4, 2010
The current session of the Maryland General Assembly is considering new legislation that would expand common element and common area warranty protections in future condominiums and homeowners associations. House Bill 620 proposes to expand the application of both the three-year condominium common element warranty, and the one-year homeowners association common area warranty, for projects created after October 1, 2010. The warranty on condominium common elements would run for three (3) years from the first transfer of title to a unit, or two (2) years from the date the developer transfers control, whichever is later. The warranty on homeowners association common areas would run for two (2) years form the first transfer of title to a lot, or two (2) years from the date the developer transfers control, whichever is later. (more…)
by Raymond Daniel Burke | Mar 4, 2010
Legislation has been proposed in the current session of the Maryland General Assembly that would provide some relief to condominiums and homeowners associations in the event of a foreclosure. House Bill 842, known as the Residential Association Sustainability Act of 2010, provides that a specified portion of a lien on a condominium unit or lot in a homeowners association, would, in certain circumstances, have a priority over any future first mortgage or deed of trust recorded after October 1, 2010. This is intended to assist condominiums and homeowners associations who have been left with unpaid assessments, despite having obtained a lien on the property, where the proceeds of a foreclosure sale are exhausted by the outstanding mortgage debt. (more…)
by Raymond Daniel Burke | Jun 18, 2009
It has been nearly 30 years since I first became involved in the representation of a condominium association that was confronted with construction defect issues. That case was litigated for several years, and eventually grew to engulfing a multitude of parties, including developer entities, the general contractor, design professionals, engineers, numerous subcontractors and suppliers, and all of their law firms and insurers. It ultimately resulted in a resolution that allowed the condominium to repair the significant deficiencies in the exterior envelope of their high-rise building. Since that time, condominium construction defect matters have come to constitute the majority of my work. This has resulted from two phenomena: The first has been the explosion of condominium development since the 1980s, with the wide acceptance of the condo as a desired form of housing. The second is the nature of residential construction and its tight profit margins, in which inspection, supervision and coordination of trades are often the first casualties of budget constraints.
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