by Raymond Daniel Burke | Jan 25, 2016
Legislation has again been introduced in the Maryland General Assembly to prevent developers from including provisions in condominium governing documents that limit the developer’s liability for construction defects. Senate Bill 250, introduced by Senator Delores G. Kelley, 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. The proposed new law would also preclude limits on the rights of condominium councils or individual unit owners to bring claims relating to an alleged failure of the developer to comply with building codes, county approved plans and specifications, product manufacturer’s installation instructions, and other construction industry standards. Proposed new Section 11-134.1 of the Maryland Condominium Act would prohibit provisions designed to prevent the filing of a claim within the applicable period of limitations or prevent claims from accruing pursuant to the “discovery rule.” The new law would also preclude provisions requiring a vote of the unit owners approving the initiation of a claim, unless such a requirement is adopted after the unit owners assume control of the community from the developer. (more…)
by Raymond Daniel Burke | Jan 21, 2016
The text of Senate Bill 168, which would provide for the installation of electric vehicle chargers at condominiums and in homeowner associations, as well as at rental properties, is now available. The proposed legislation would void any provision in condominium and homeowner association documents that unreasonably restricts the installation of chargers, and would regulate and limit the approval process by which a homeowner could secure approval to install a charger.
Here is a link to the full text of the bill: http://mgaleg.maryland.gov/2016RS/bills/sb/sb0168f.pdf
by Raymond Daniel Burke | Jan 18, 2016
A bill introduced in the early stages of the 2016 session of the Maryland General Assembly would make provisions for the installation of electric vehicle chargers that impact condominiums and homeowners associations. Senate Bill 168 is sponsored by Senator Brian Feldman of Montgomery County The language of a similar bill introduced during the 2015 session (SB 762), also introduced by Senator Feldman, would void any provision in condominium and homeowner association documents that restricts the installation of chargers, and would regulate and limit the approval process by which a homeowner could secure approval to install a charger. The text of this year’s bill should be available shortly.
by Raymond Daniel Burke | Aug 12, 2015
Maryland Governor Larry Hogan has signed into law HB 1183, which provides protections to new home buyers who are unable to secure a loan commitment to permit them to proceed to closing. The new law, which relates only to the initial sale of new homes, amends Section 14-117 of the Real Property Article in the Annotated Code of Maryland concerning loan contingencies in new home contracts. It provides that all new home contracts must be contingent on the purchaser obtaining a loan commitment. Additionally, the contract must state the maximum loan interest rate the purchaser is obligated to accept, and the time period in which the purchase must obtain a loan commitment. If the purchaser does not obtain a loan commitment within the stated rate limit and time period, either the seller or the purchaser may declare the contract void. Any deposit is to be returned to the purchaser. (more…)
by Raymond Daniel Burke | Jun 22, 2015
A bill that was originally intended to require homeowner associations to provide resale certificates, and to limit fees charged by condominium and homeowner associations for providing resale certificates, passed both houses of the Maryland General Assembly, but the two houses were unable to reconcile amendments, including one intended to limit the association’s liability for inaccurate information contained in those certificates. The Maryland Senate and the House of Delegates both passed versions of House Bill 1007. As originally proposed, HB 1007 would have limited the fee charged by condominium councils of unit owners for providing required information in connection with the resale of a unit. It also provided that required resale disclosure information to be furnished by a homeowners association as part of the sale of a home in the community. These requirements were retained in the amended versions passed by both houses. One amendment changed the amount of the fee that could be charged. Further amendments provided for two additional fees associated with the resale process. A significant amendment provided that “[a]ny liability of the council of unit owners for an error or omission in the certificate shall be limited to the amount of the fees paid for the certificate.” Although versions of the bill were passed on the floor of both houses, a final version to reconcile the amendments was not produced before the session ended.
by Raymond Daniel Burke | Apr 15, 2015
The Maryland General Assembly again rejected legislation that would prevent 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. Senate Bill 570 and House Bill 829 both failed to make it out of committee for a vote on the floor. The bills would have prohibited 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. The proposed new law would also have precluded limits on the rights of condominium councils or individual unit owners to bring claims relating to an alleged failure of the developer to comply with building codes, county approved plans and specifications, product manufacturer’s installation instructions, and other construction industry standards. Proposed new Section 11-134.1 of the Maryland Condominium Act would prohibit provisions designed to prevent the filing of a claim within the applicable period of limitations or prevent claims from accruing pursuant to the “discovery rule.” The new law would also preclude provisions requiring a vote of the unit owners approving the initiation of a claim, unless such a requirement is adopted after the unit owners assume control of the community from the developer.
