by Raymond Daniel Burke | May 14, 2014
In terms of the accrual of causes of action, Maryland abides by the discovery rule, through which a cause of action arsies when it is disovered or should have been discovered in the exercise of reasonable diligence. Once discovered, a claim must then be instituted within 3 years under Maryland’s general statute of limitations. However, where construction defects are concerned, the discovery rule does not permit building defect claims in older properties. Under Maryland’s Statute of Repose, construction defect claims are absolutely barred after 20 years, regardless of when they were or could have been discovered. Additionally, architects, professional engineers and contractors can be held liable for building defects for just 10 years after construction. The full statute is set forth in the Courts & Judicial Proceedings Code of the Annotated Code of Maryland at Section 5-108.
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 20, 2014
Here is a link to my opinion/commentary piece in today’s Baltimore Sun: http://www.baltimoresun.com/news/opinion/oped/bs-ed-corvette-economics-20140319,0,1019974.story
by Raymond Daniel Burke | Mar 6, 2014
The Maryland Senate, by a vote of 36 – 11, has passed 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. As dicussed in an earlier post on this blog, Senate Bill 207 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.
However, a companion bill in the House of Delegates, HB 259 received an unfavorable vote in the House Environmental Matters Committee. It remains to be seen whether compromise between the two houses on a joint bill can be accomplished.
by Raymond Daniel Burke | Jan 30, 2014
Legislation pending the the Maryland General Assembly would require Homeowners Associations to provide information needed by a lot owner in connection with a pending re-sale of their home. House Bill 412 and Senate Bill 229 would both require Homeowners Associations to make re-sale disclosure information available upon written request of a lot owner. Presently, Section 11B-106 of the Maryland Homeowners Association Act provides that certain information be provided to a prospective purchaser in the community, and that certain information be included in the contract of sale. The proposed legislation provides that, within twenty days of receiving a written request from the selling owner, the Association must provide the information necessary for the owner to comply with the disclosure requirements. It also limits the fee that could be charged to the owner for preparing the information to the actual cost up to a maximum of Fifty Dollars. Both bills also would impose this same Fifty Dollar limit in charges by condominium councils of unit owners for furnishing the re-sale disclosure information they are required to provide under Section 11-135 of the Maryland Condominium Act.
by Raymond Daniel Burke | Jan 22, 2014
Maybe it is the weather, but we have been receiving a number of questions about condominium insurance coverage as between the common elements and units. Here is a summary: A condominium master policy must, at a minimum, cover property damage to all of the condominium structure, including both the common elements and units as originally constructed and finished by the developer, with the unit owners providing individual insurance for their improvements and personal contents. Section 11-114 of the Maryland Condominium Act states that the council of unit owners is required to maintain insurance “[f]or property and casualty losses to the common elements and the units, exclusive of improvements and betterments installed in the units by the unit owners other than the developer.” (more…)
by Raymond Daniel Burke | Dec 24, 2013
I have been asked to reprint my opinion/commentary that appeared in The Baltimore Sun on November 22, 2013:
The walk home from school is what I remember most. It should have been a lighthearted schoolboy stroll for a sixth grader on a cloudy and mild Friday in late November, filled with visions of the weekend ahead and the long Thanksgiving holiday just a few days away. Instead, it was a mournful plodding along a route I had walked daily, yet, on that afternoon, my surroundings seemed somehow alien. The remnants of crisp fallen leaves crackling under foot served as constant reminders that, with each step, my childhood was palpably draining out of me and being left behind to evaporate into memory. I felt it tug at me as I trudged forward, but I dared not turn around to take one final look, for fear of the heartbreak the sight would surely induce. Better to keep my eyes ahead and march on stoically into the inevitable that would be all too vividly displayed on my home’s television screen.
It is not my intent to make more of John F. Kennedy than he was, or imbue him with some idealized cloak of perfection. But if you were of a certain impressionable age, and disposed to dream of the grand things you and your compatriots might accomplish, President Kennedy was a charming catalyst for youthful imagination. The sickly Boston boy had who spent so many weeks in bed devouring history books grew up to demonstrate that knowledge was cool, words could be used powerfully, and intellect offered the path to changing the world. The child of privilege, who became a genuine war hero in the same theater where my own father had served, showed us that service to others and to county is honorable and gives meaning to who we are as a people. (more…)
