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Changes to Condominium Insurance Requirements For “Detached” Units

House Bill 98, making changes to condominium insurance requirements, was passed during this year’s legislative session and signed into law by Governor Moore. It amends Section 11-=114 of the Condominium Act concerning the...more

House Bill Would Authorize Local Governments To Create An Infrastructure Fund

House Bill 55, now pending in the Maryland General Assembly, would authorize a county or municipality to “establish a local trust fund or other appropriate fund for the purpose of repairing or rehabilitating infrastructure...more

All Condos and HOAs Are Now Required To Undertake Regular Reserve Studies

As previously reported, during the 2022 legislative session, the Maryland General Assembly passed new legislation requiring all condominiums, homeowner associations, and housing cooperatives to undertake regular reserve...more

Maryland General Assembly Passes Bill Requiring Reserve Studies

The Maryland General Assembly has passed new legislation requiring all condominiums, homeowner associations, and housing cooperatives to undertake regular reserve studies of common area components. Under House Bill 107, the...more

Proposed Legislation Would Authorize the Creation of a Fund For Infrastructure Repairs

House Bill 1061, now pending the the General Assembly, would authorize counties and municipalities in Maryland to create a fund to assist in the repair of infrastructure in condominiums and homeowner associations. It is...more

House Bill Would Make Changes In Condominium Governance, Particularly During The Period of Developer Control

House Bill 140, now pending in the Maryland General Assembly, would make several amendments to the Maryland Condominium Act relating to governance during the period of developer control and, in all condominiums, would expand...more

Florida Condo Collapse Is a Lesson For Everyone

The tragic collapse of the Champlain Towers Condominium in Surfside Florida, and the horrific consequences to residents and their families, will, no doubt, continue to be the subject of multiple news reports and long-term...more

Proposed Bill Relating To the Period of Developer Control Passes the House But Does Not Reach the Floor In the Senate

A bill that proposed significant changes to the Maryland Condominium Act, as well as the Maryland Homeowner Association Act, concerning the period during which the developer is in control of the council of unit owners or the...more

House Bill 352 Proposes New Requirements During the Period that the Condominium Is Under the Control of the Developer

A bill proposed in the Maryland House of Delegates would make significant changes to the Maryland Condominium Act that relate to the period during which the developer is in control of the council of unit owners. House Bill...more

Required Disclosure of Defects In Home Sales Applies Only To Single Family Residential Property Improved By Less Than Five Units

Compliance with Section 10-702 of the Maryland Real Property Code has been a source of some considerable discussion. It requires that a home seller provide the buyer with a either a “disclosure statement,” by which...more

Maryland Court of Appeals Recognizes a Cause of Action for Breach of Fiduciary Duty

In a newly issued opinion, the Court of Appeals of Maryland has clarified existing law and expressly recognized an independent cause of action for breach of fiduciary duty. In William H. Plank, II, et al. v. James P....more

7/16/2020  /  Breach of Duty , Fiduciary Duty

Amendment To The Condominium Act Establishes 60-Day Period For Holders of Mortgages And Deeds Of Trust To Object To Amendments

An amendment to Section 11-103 of the Maryland Condominium Act, adopted by the General Assembly during 2020 legislative session, clarifies the procedures for obtaining the consent of the holders of mortgages and deeds of...more

Condominium Act Amendment Requires Adopted Annual Budgets To Be Distributed To Unit Owners

An amendment to Section 11-109.2 of the Maryland Condominium Act passed during the 2020 session of the Maryland General Assembly requires that the budget adopted at an annual meeting be distributed to each unit owner no more...more

6/3/2020  /  Condominiums , Homeowners

Unit Owner Insurance Deductible Responsibility Increased to $10,000

Legislation enacted during the 2020 session of the Maryland General Assembly increases the amount for which an individual unit owner is responsible where the cause of damage to any portion of the condominium originates in...more

Condominiums Should Be Seeking Coronavirus Advice

As multi-family housing communities, condominium’s need to be particularly mindful regarding the impact the Covid-19 pandemic. I have received a number of requests for guidelines, and condominiums are correct to reach out...more

Proposed Legislation Clarifies That The Percentage Needed For Approval Of Bylaw Amendments Is Based On Owners “In Good Standing”

A bill pending in the Maryland General Assembly would make clear that all percentages for approval of amendments to bylaws be determined based on the number of owners “in good standing.” Owners “in good standing” are those...more

Proposed Legislation Would Require Unit Owner Participation On a Condo’s Board of Directors During the Period of Developer Control

House Bill 1053, now pending in the Maryland General Assembly, would make significant changes affecting the operation of a condominium during the period of developer control. The proposed law would require the developer,...more

Proposed Legislation Would Require a Developer In Control of a Condominium To Hold At Least One Council Meeting Per Year

A bill filed in the Maryland General Assembly would require condominium developers to hold at least one meeting of the council of unit owners per year, and receive unit owner comment on the operation of the association. ...more

Proposed Legislation Would Increase a Unit Owner’s Responsibility For The Condominium’s Insurance Deductible From $5,000 To...

Legislation now pending in the Maryland General Assembly would double unit owner responsibility for the condominium’s insurance deductible when damage to components of the condominium originates from a unit. ...more

Proposed Bill Would Prohibit Limitations On Disclosures Of Agreements To Unit Owners

Legislation now pending in the Maryland House of Delegates would prohibit condominium boards from withholding legal agreements from unit owners, and would prevent developers from including provisions in the governing...more

Proposed House Bill Would Clarify Procedures for Mortgage Holder Approval of Amendments

Legislation being introduced in the 2020 session of the Maryland General Assembly would require holders a mortgage or deed of trust on a condominium unit to provide a written objection in writing to a proposed amendment to...more

New Maryland Law Affects Developer Voting Rights in an HOA

Governor Hogan has signed into law legislation adopted by the General Assembly during 2019 session that deals with the voting rights of developers in homeowner associations where not all lots have been sold. ...more

Condominium Bills That Passed the House of Delegates But Were Not Voted on in the Senate

The following House of Delegates bills in 2019 session of the Maryland General Assembly passed in a vote of the full House but failed to get out of committee in the Senate: HB207 concerning members qualified to vote to...more

Maryland General Assembly Considers Two Bills That Would Expand a Condominium’s Priority Lien

Senate Bill 374 and House Bill 250, pending in the Maryland General Assembly, would expand the portion of a condominium’s lien that has a priority over a first mortgage or first deed of trust. ...more

3/11/2019  /  Condominiums , Lien Priority , Liens , Mortgages

Maryland House of Delegates Passes Bill To Raise Condo Unit Owner Responsibility for Insurance Deductible

By a vote of 139 – 0, the Maryland House of Delegates has passed legislation that would make condominium unit owners responsible for a larger amount of the insurance deductible when the condominium’s policy pays for damage...more

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