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 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…
Legislature Considers Amendments To Provisions For Termination Of Developer Contracts
Senate Bill 162, now pending in the Maryland General Assembly, would change 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. It would expand 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 Senate Versions of House Bills
The following are Maryland General Assembly Senate versions of House bills discussed in previous posts:
Licensing and regulation of property managers – SB 794
Precluding limits on causes of action – SB 167
Limiting liens to delinquent assessments and not fine – SB 161
Resale notice of potential special assessment – SB 176
Closed meetings to consider business transactions – SB 197
Legislature Considers Extending Maryland Solar Grant Program To Condominiums, Coops And Homeowners Associations
Senate Bill 136, now pending in the Maryland General Assembly, would make condominiums, cooperative housing corporations, and homeowners associations eligible to receive grants from the Maryland Solar Energy Grant Program to contribute to the cost of acquiring and installing photovoltaic and solar water heating equipment.
Maryland Legislature Considers Limits On Attorney’s Fees Charged To Homeowners
Legislation pending in the Maryland General Assembly would limit attorney’s fees recoverable by condominiums from unit owners, and by homeowners associations from lot owners, in connection with collecting assessments or fines. House Bill 1532 would add new Section 11-110.1 to the Maryland Condominium Act and new Section 11B-117.1 to the Homeowners Association Act. It would prohibit a council of unit owners or homeowners association from demanding, collecting or seeking to recover attorney’s fees from a unit owner “unless the amount of the attorney’s fees is reasonable in relation to the amount in controversy or the nature of the non-monetary violation. read more…
Maryland Legislature Considers Bill To Permit Certain Qualified Unit Owners To Rent Their Units Despite Restrictions On Rentals
The Maryland General Assembly is considering a bill that would require that condominium unit owners, under certain qualifying circumstances, be permitted to rent their units even where the condominium governing documents limit the number of units that can be rented. House Bill 1195 would add new Section 11-111.4 to the Maryland Condominium Act, and provide that unit owners who had experienced a “financial event” be allowed to rent their units despite a provision in the governing documents limiting the number or percentage of units that can be rented. read more…
Maryland General Assembly Considers Legislation Precluding Limits On Condominium Rights To Sue
House Bill 1141, now pending in the Maryland General Assembly, would prevent residential condominium developers from including provisions in declarations, bylaws and sales contracts 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 in governing unenforceable, and would limit the scope of others. read more…
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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.