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 Governor Signs Bill Requiring Liens To Be Based Only Deliquent Assessments And Not Other Charges Such As Fines
Governor Martin O’Malley has signed into law legislation passed by the Maryland General Assembly that amends the Maryland Contract Lien Act as it relates to the foreclosure of liens by condominiums and homeowners associations. 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.” read more…
Maryland General Assembly Passes Limits On Lien Foreclosures
The Maryland General Assembly has passed amendments to the Maryland Contract Lien Act that effect the foreclosure of liens by condominiums and homeowners associations. The changes to Section 14-204 of the Real Property Article of the Maryland Annotated Code 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”. read more…
Maryland Senate and House Both Have Bills To Limit Collection Of Attorney Fees In Actions Against Homeowners
Bills introduced late in both houses of the Maryland General Assembly would limit the rights of condominiums and homeowners associations to recover attorney’s fees from homeowners. Senate Bill 1062 and House Bill 1532 would apply to actions by councils of unit owners and homeowners associations against individual owners for delinquent assessments or to enforce a nonmonetary violation of the governing documents. The Bills would preclude a condominium or homeowners association from demanding, collecting or seeking to recover attorney’s fees “unless the amount of the attorney’s fees is reasonable in relation to the amount in controversy or the nature of the nonmonetary violation.” read more…
On Opening Day — Remembering Earl
[Reprinted from The Baltimore Sun April 2, 2013]
April, in these parts, is irresistibly transformative. Vibrant life and color rise up and relentlessly overwhelm a drab winter’s landscape, inspiring notions in the human heart of renewal and redemption. And with it comes another baseball season, and all its manifestations of new beginnings and the grand possibilities that await in the lush green days ahead. read more…
Maryland Senate Passes Bill Precluding Limits On The Rights Of Condominiums Councils And Unit Owners To Sue
By a unanimous vote, the Maryland Senate approved SB 167, which would prevent residential condominium developers from including provisions in declarations, bylaws, sales contracts or other instruments that limit the rights of condominium councils and unit owners to bring claims, specifically targeting warranty claims against the developer. It would add new Section 11-134.1 to the Maryland Condominium Act, which would make certain provisions of this nature unenforceable, and would limit the scope of others.
read more…
Maryland Senate Passes Amendment To Provisions For Termiantion Of Developer Contracts
By a vote of 37 – 7, the Maryland Senate passed SB 162, which provides for amendments to the current provisions applicable to the rights of condominiums and homeowners associations to terminate contracts that were entered into by the developer prior to the property owners having assumed control of the community. The legislation expands the developer contracts now subject to termination by a subsequently elected independent governing body to include contracts providing “telecommunications, internet, cable, or other video services” in addition to utility services and communications systems. read more…
Maryland House Passes Revisions to Contract Lien Act
By a unanimous vote, the Maryland House of Delegates passed HB 628, which amends and clarifies the Maryland Contract Lien Act. The legislation establishes that a party entitled to enforce a lien may also bring suit for money damages without waiving their rights with respect to the lien, and can bring an action to recover any deficiency after foreclosure, either in the foreclosure proceeding or as a separate suit. read more…
Maryland House And Senate Pass Differing Versions of Bills Precluding Lien Foreclosures Based On Fines
Bills passed in the Maryland House of Delegates and Senate would limit lien foreclosures to claims for delinquent assessments only, and would preclude foreclosure actions based fines and related fees imposed by an association. The House passed HB 286 by a unanimous vote of 138 – 0, and the Senate passed SB 161 by a vote of 37 – 7. The primary difference in the two bills is that the House version applies to condominiums and homeowners associations, while the Senate version would also apply to cooperative housing corporations. read more…
Maryland House Passes Bill To License And Regulate Property Managers
By a vote of 103 – 35, the Maryland House of Delegates has passed HB 576, which would establish a new regulatory agency for the licensing of community managers of condominiums, cooperative housing corporations, and homeowners associations. read more…
Maryland Senate and House Pass Measure Providing For Closed Meetings of Condominium Boards To Consider “Business Tranactions”
House Bill 388 and Senate Bill 197 have both been approved by unanimous votes in each house of the Maryland General Assembly. The identical enactments would amend Section 11-109.1 of the Maryland Condominium Act to provide that the board of directors of a condominium council of unit owners may meet in closed session for “consideration of the terms or conditions of a business transaction in the negotiation stage if disclosure could adversely affect the economic interests of the council of unit owners.” If approved by the Governor, the amendment would take effect on October 1, 2013. 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.