by Raymond Daniel Burke | May 6, 2014
The Maryland House of Delegates failed to take action on House Bill 259, which would have prevented residential condominium developers from including certain provisions in the project’s governing documents or sales contracts that limit the developer’s liability for construction defects. The Maryland Senate, by a vote of 36 – 11, passed Senate Bill 207, which would prohibit provisions in the declaration, bylaws or rules and regulations that limit the ability of a council of unit owners to file suit on behalf of itself or the unit owners or enforce warranty claims. However, the House version died the Environmental Matters Committee. (more…)
by Raymond Daniel Burke | May 5, 2014
The Maryland General Assembly failed to take action on a bill that would require condominiums to remove limits on the number or percentage of units that can be rented, if the unit owner demonstrates “financial hardship” and meets certain other requirements. House Bill 1039 proposed to establish new Section 11-111.4 in the Maryland Condominium Act, and provide that unit owners who meet one of the bill’s six definitions of financial hardship may request a waiver from any rental limitations applicable to the community. The unit must be the owner’s primary residence, and the appraised value of the unit must be less than 90% of what is owed.
by Raymond Daniel Burke | Apr 22, 2014
Both the Maryland Senate and House of Delegates passed bills that would require Homeowners Associations to make re-sale disclosure information available upon written request of a lot owner. However, the two houses were unable to agree on a portion of the proposed new law that placed limits on the fees that can be charged by a howeowners association or a condominium council of unit owners for providing resale disclosure information. The Senate version would limit those fees to the lesser of $50 or the actual cost of furnishing the information. The House version would set a limit of $250. The Senate, which was the first to pass SB 229, refused to accept HB 412. The House then refused the Senate’s request to agree to the Senate version. (more…)
by Raymond Daniel Burke | Mar 21, 2014
Please look for the ad for this blog in the program for this weekend’s Home and Condo Show in Ocean City. The show begins today and runs through Sunday at the R.E. Powell Convention Center. Hours are Friday Noon – 6:00 pm, Saturday 10:00 am – 6:00 pm, and Sunday 10:30 am – 3:30 pm.
by Raymond Daniel Burke | Mar 18, 2014
House Bill 1080, now pending in the Maryland House of Delegates, would establish revised disclosure requirements and procedures in both initial sales and re-sales of residential condominium units. The most extensive changes would impact re-sale contracts. In addition to providing purchasers with additional rights of rescission, councils of unit owners would be required to furnish information requested by a seller to be disclosed to a purchaser with seven days after the request rather than the current twenty days. In particular, purchasers would be entitled to receive notice of any significant change in the disclosure information once it is provided. With regard to re-sales of existing condominium units, the proposed new law would amend Section 11-135 of the Maryland Condominium Act, which requires certain disclosures to purchasers by both the council of unit owners and the selling unit owner. The bill would also add new Section 11-135.1 to exclusively apply to condominiums having less than seven units. With regard to initial sales of new condominium units, the proposed law would amend Section 11-126, and impose certain new disclosure requirements on developers. (more…)
by Raymond Daniel Burke | Mar 12, 2014
The Maryland General Assembly is considering a bill that would require condominiums to remove limits on the number or percentage of units that can be rented, if the unit owner demonstrates “financial hardship” and meets certain other requirements. House Bill 1039 would establish new Section 11-111.4 in the Maryland Condominium Act, and provide that unit owners who meet one of the bill’s six definitions of financial hardship may request a waiver from any rental limitations applicable to the community. The unit must be the owner’s primary residence, and the appraised value of the unit must be less than 90% of what is owed. The exception to rental restrictions would be for a term of three years. (more…)