by Raymond Daniel Burke | Mar 6, 2012
I am very pleased to have been selected to the 2012 list of Maryland Super Lawyers. This is the six consecutive year that I have had the privilege of being included in this elite group since the inception of the Super Lawyer ratings system in 2007.
Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations. To learn more, you can visit the website at www.superlawyers.com.
by Raymond Daniel Burke | Jul 14, 2011
I am pleased to report that my services as a mediator and arbitrator may now be arranged through Virtual Courthouse. You can visit the site at www.virualcourthouse.com. I have many years of experience in alternative dispute resolution proceedings in matters relating to condominiums, homeowner associations, multi-family housing projects, and individual homes. These have included cases involving contruction defects, building repairs, budgets, assessments, and association administrative issues. Employing the services of a capable neutral party is a cost effective means of settling issues outside of litigation.
by Raymond Daniel Burke | Apr 27, 2011
The recent session of the Maryland General Assembly passed House Bill 887, which limits the right of recission belonging to purchasers of a new condominium units. The measure, which takes effect October 1, 2011, amends Section 11-126(e) of the Maryland Condominium Act. That statute gives new condominium purchasers the right to rescind their contracts after receiving certain condominium documents, or if the documents are amended after execution of the sales contract. The new law requires purchasers who receive amended condominium documents to demonstrate that they have a right to approve the amendment, and that the amendment “materially and adversely” affects their rights. The purchaser’s reasons must be stated in writing.
Under current law, a purchaser of a new condominium unit has an absolute right to rescind their sales contract within 15 days after receiving the documents and information required to be provided to all new condominium purchasers. The purchaser is not required to state any reasons for the rescission. Section 11-126(b) contains the long list of materials that must be furnished to a new condominium purchaser, which are normally part of the Public Offering Statement for the condominium. Under Section 11-126(d), the material provided cannot be amended “without the approval of the purchaser if the amendment would affect materially the rights of purchaser. There is are exceptions for amendments required by a governmental authority or public utility, or “if the amendment is made as result of actions beyond the control of the vendor or in the ordinary course of affairs of the council of unit owners.” In the event of an amendment, the purchaser has a right to rescind the contract with 5 days of receipt of the amendment.
Under the new law, purchaser maintain their right to rescind after receiving the required documents, and may still do so without stating a reason. However, a purchaser seeking to rescind after an amendment of the documents must state reasons in writing showing that (1) that they have approval right; that is, that the amendment is not within one of the exceptions that do not require purchaser approval; and (2) that “the amendment affects materially and adversely the rights of the purchaser.
by Raymond Daniel Burke | Aug 7, 2009
The law governing condominium insurance requirements, which changed in 2008 as a result of a court decision, has changed again as result of amendments to the Maryland Condominium Act effective June 1, 2009. During the last legislative session, the Maryland General Assembly took action on the issue in direct response to a 2008 Court of Appeals decision concerning the allocation of responsibilities for property damage between a condominium council and the individual unit owners. The new law establishes that the condominium master insurance policy must cover all of the building elements, including the units, except for improvements installed in the unit by the owners after construction. However, where the damage originates in a unit, that unit owner is responsible for any insurance deductible under the council’s policy, up to a maximum of $5,000. (more…)
