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…)
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…)
The following are Maryland General Assembly Senate versions of House bills discussed in previous posts:
Licensing and regulation of property managers – SB 794
Precluding limits on causes of action – SB 167
Limiting liens to delinquent assessments and not fine – SB 161
Resale notice of potential special assessment – SB 176
Closed meetings to consider business transactions – SB 197
Legislation pending in the Maryland General Assembly would limit attorney’s fees recoverable by condominiums from unit owners, and by homeowners associations from lot owners, in connection with collecting assessments or fines. House Bill 1532 would add new Section 11-110.1 to the Maryland Condominium Act and new Section 11B-117.1 to the Homeowners Association Act. It would prohibit a council of unit owners or homeowners association from demanding, collecting or seeking to recover attorney’s fees from a unit owner “unless the amount of the attorney’s fees is reasonable in relation to the amount in controversy or the nature of the non-monetary violation. (more…)
The Maryland General Assembly is considering a bill that would require that condominium unit owners, under certain qualifying circumstances, be permitted to rent their units even where the condominium governing documents limit the number of units that can be rented. House Bill 1195 would add new Section 11-111.4 to the Maryland Condominium Act, and provide that unit owners who had experienced a “financial event” be allowed to rent their units despite a provision in the governing documents limiting the number or percentage of units that can be rented. (more…)
House Bill 1141, now pending in the Maryland General Assembly, would prevent residential condominium developers from including provisions in declarations, bylaws and sales contracts 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 in governing unenforceable, and would limit the scope of others. (more…)
The Maryland Condo Law Blog is written by Raymond Daniel Burke. One of the region's top construction and real estate development lawyers, Ray has more than 35 years of experience in matters relating to condominium and other multi-use development matters.