Maryland Condo Law Blog
An online resource for condominium and homeowner associations and their members, and for developers, builders, contractors, architects, engineers and others in the building industry.
Maryland General Assembly To Again Consider Licensing and Regulation of Property Managers
As occurred previously in the most recent legislative sessions, a bill has been filled in the 2014 Maryland General Assembly that propose to establish provisions for the licensing and regulation of property managers of residential communities. House Bill 10 would both amend the Business Occupations and Professions Article of the Maryland Annotated Code to create a State Board of Common Ownership Community Managers in the Department of Licensing and Regulation to issue licenses to the managers of “common ownership communities,” which include condominiums, cooperatives and homeowner associations. Such a license would be required before any individual would be permitted to provide property management services to communities in the State. Applicants would be required to complete a training program and pass an examination, along with paying a licensing fee. The licenses would be issued for two years, and would be renewable upon submission of a renewal applciation and fee.
Reprint of My JFK Remembrance
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. read more…
Maryland 2014 Super Lawyers
I am pleased to report that I have been named among Maryland’s Super Lawyers for the eighth consecutive year for construction and real estate law. I am also happy to note that four associates in our litigation and construction practice groups, with whom I work regularly on condominium and homeowner association matters, have been named to the list of rising stars: Jack Boyd, Ian Friedman, Kelly Preteroti and Matt Vocci. Congratulations to them on their well-deserved recognition.
More On The New Law Limiting The Basis For Lien Foreclosure
I have received some questions regarding the new law, which took effect on October 1, 2013, that limits the basis for foreclosure of a lien on a condominium unit by the council of unit owners and foreclosure of a lien on a property by a homeowners association. The new law modifies Section 14-204 of the Real Property Article of the Maryland Annotated Code to prohibit condominiums and homeowners associations from foreclosing on liens for anything other than delinquent periodic or special assessments; meaning that unpaid fines may not be the basis for a lien foreclosure. Additionally, the new law requires that related costs and fees be limited to “reasonable costs and attorney’s fees directly related to the filing of the lien and not exceeding the amount of the delinquent assessments.”
Unpaid fines and other charges may still form the basis of a lien, but the lien may not be foreclosed on the basis. read more…
JFK Remembrance
Please look for my opinion/commentary in remembrance of John F. Kennedy in Friday’s Baltimore Sun. Here is the link: http://www.baltimoresun.com/news/opinion/oped/bs-ed-kennedy-burke-20131121,0,4993437.story
Maryland Attorney General Is Authorized To Address Violations Of The Condominium Act Affecting Consumers
The Maryland Condominium Act contains a somewhat unusual provision that expressly vests broad authority to address violations of the Act in the office of the Attorney General. Section 11-130 provides that, “[t]o the extent that a violation of any provision of this title affects a consumer, that violation shall be within the scope of the enforcement duties and powers of the Division of Consumer Protection of the Office of the Attorney General.” For purposes of this provision, a consumer is defined as “an actual or prospective purchaser, lessee, assignee or recipient of a condominium unit.” Also included as a consumer is any “co-oligor or surety for a consumer.” Accordingly, prospective purchasers and persons having an possessory interest in a condominium unit, alleged to be aggrieved by a violation of any provision of the Condominium Act, may seek the intervention of the Consumer Protection Division of the Attorney General’s Office.
Ocean City Condo Show This Weekend
The Ocean City Condo Show is this weekend at the R.E. Powell Ocean City Convention Center, Saturday, October 26 and Sunday, October 27. Please look for the ad for this blog in the show program and in this week’s edition of The Bayside Gazette and Ocean City Today.
Maryland Condo Law Blog To Be Featured In The Ocean City Spring Home,Condo and Outdoor Show Program
Ocean City area residents and visitors should look for information on this blog in the Ocean City Spring Home, Condo and Outdoor Show Program. The 28th annual show will take place at the R.E. Powell Ocean City Convention Center during the weekend of October 25 – 27. The program will be available at the show, and can also be found as an insert in that week’s edition of The Bayside Gazette and Ocean City Today.
Contracts For The Initial Sale of Condominium Units In Maryland Are Invalid If the Public Offering Statement Has Not Been Registered
Under Section 11-127 of the Maryland Condominium Act, devel0pers of condominiums are required to file a Public Offering Statement with the Maryland Secretary of State. Until the Public Offering Statement is registered, and until 10 days after all amendments have been filed, a contract for the sale of any unit may not be entered into, and any such contracts are void. Additionally, under Section 11-126 of the Maryland Condominium Act, the initial purchaser of a condominium unit must receive a copy of the Public Offering Statement at or before the time the contract of sale is entered into, or the contract is unenforceable by the seller. Such contracts of sale are also required to contain, in conspicuous type, a notice of the purchaser’s right to receive a Public Offering Statement.
Maryland Court Of Appeals Affirms Exclusion of “Differential Diagnosis” In Mold Exposure Claims
The Maryland Court of Appeals has affirmed a decsion of the Court of Special Appeals ruling that certain expert testimony is not admissible to support medical clams arising from exposure to mold and other environmental byproducts of damp buildings. Such claims are often supported by a medical analysis known as “differential diagnosis” and sometimes referred to as “repetitive exposure protocol,” which as been used by physicians to attribute various medical symptoms to inhalation of mold in water-damaged buildings. Rather than demonstrating a specific exposure to a specific mold resulting in a specific reaction, differential diagnosis uses a process that “rules out” or “rules in” possible causes of symptoms a patient is experiencing to determine that their symptoms are related to exposure to mold. Differential diagnosis has been frequently used to show an association between exposure to mold in wet buildings and certain human health effects. In its opinion in the case of Montgomery Mutual Insurance Co. v. Chesson, the Maryland Court of Special Appeals held that this method is not sufficiently accepted in the scientific community so as to be used as a basis for medical testimony in mold cases. The Court of Special Appeals reversed a trial court ruling that found such medical testimony to be reliable and admissible. Maryland’s highest court, the Court of Appeals, has now affirmed the Court of Special Appeals decision. Chesson v. Montgomery Mutual Insurance Co., Case No. 97, Sept. Term 2012. read more…
ABOUT
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.