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Maryland House of Delegates Considers Bill Regarding Percentage Required For Amending Bylaws

Legislation pending in the Maryland House of Delegates seeks to supplement a prior revision that applied the percentage required for approval of amendments of condominium bylaws to only the number of unit owners “in good...more

Maryland General Assembly Considers Two Bills That Expand the Condominium Common Element Implied Warranty

House Bill 069 and Senate Bill 379, now pending in the Maryland General Assembly, would apply the condominium implied warranty from a developer to all common elements, and not just those enumerated in the statute, along with...more

Bills In the Maryland General Assembly Would Preclude Limits On the Power of Condo Councils To Engage In Litigation and Enforce...

House Bill 68 and Senate Bill 379, now pending in the Maryland General Assembly, would prohibit condominium developers from including language in the governing documents that would limit the power of a council of unit owners...more

Proposed Bill In the Maryland General Assembly Would Increase Condominium Lien Priority

A bill introduced in the Maryland House of Delegates would increase the number of months of unpaid condominium assessments that have a priority over mortgages in the event of foreclosure. HB 250 would amend Section 11-110(f)...more

Condominium Resale Disclosure Requirements – Be Sure You Have the Most Recent Version of Section 11-135

As I have previously written, the information contained in condominium resale disclosure certificates must be carefully reviewed for accuracy, so as to avoid exposing the community to liability for misleading information that...more

Governor Approves Bill To Permit Suspension of Use of Facilities By Condo Owner Who Is Delinquent In Paying Assessments

Governor Larry Hogan has signed into law House Bill 575, which permits a condominium declaration to provide for the suspension of the use of parking or recreational facility common elements by a unit owner who is more that...more

Governor Hogan Approves New Law Preventing Developers From Limiting Condo Owners’ Rights of Action for Construction Defects

Maryland Governor Larry Hogan has approved a new law intended to prevent condominium developers from including provisions in the project’s governing documents and sales contracts that limit the ability of the unit owners to...more

House and Senate Pass Bills To Prevent Condo Developers From Limiting Construction Defect Claims

Both houses of the Maryland General Assembly have passed legislation that would prevent condominium developers from including provisions in the project’s governing documents that limit the ability of unit owners to bring...more

Proposed Legislation Would Require Condo Developers To Provide a Reserve Study and Reserve Account

House Bill 997 in the Maryland General Assembly would require a developer, upon transfer of control of the project, to provide the council of unit owners with a reserve study prepared by a “certified” engineer. The bill...more

Maryland House of Delegates Passes Legislation Allowing Suspension of Use of Common Elements for Delinquent Accounts

The House of Delegates of the Maryland General Assembly has passed legislation that authorizes a condominium declaration to provide for the suspension of the use of parking or recreational facility common elements by a unit...more

Proposed Legislation Would Require Developers To Name Unaffiliated Unit or Lot Owner To Condo and HOA Boards

House Bill 564 in the Maryland General Assembly would require a developer, upon the conveyance of 25% of the units or lots, to appoint at least one board member to the association’s governing body who is a unit owner or lot...more

Maryland General Assembly Considers Bill To Significantly Reduce The Percentage of Votes Needed To Amend a Condo Declaration

House Bill 179 filed in the Maryland General Assembly would reduce the percentage of votes required to amend a condominium declaration. Under current law, as provided in Section 11-103(c) of the Maryland Condominium Act, “80...more

Maryland General Assembly Again Considers Precluding Condo Developers From Limiting Construction Defect Claims

Both the Senate and House of Delegates are considering legislation that would preclude a condominium developer from including provisions in the community’s governing documents or the sales contracts that limit the ability of...more

Right To Terminate Developer Contracts Must Be Exercised Within Three Years

Section 11-133 of the Maryland Condominium Act gives a council of unit owners the right to terminate leases, management contracts, employment contracts, and other contracts entered into by the developer during the period that...more

7/17/2017  /  Condominium Act , Condominiums

Maryland’s Highest Court Holds That Condos May Not By Rule Suspend A Unit Owner’s Access To Common Elements For Delinquent...

The Maryland Court of Appeals has invalidated a rule adopted by a condominium to suspend access to common elements for unit owners who are delinquent in paying assessments. In an opinion issued on June 23, 2017 in the case...more

Governor Hogan Signs Law to Require Notice to Homeowners of Sales of a Common Element or Common Area

Maryland Governor, Larry Hogan, has signed into law legislation passed in the General Assembly that requires a condominium council of unit owners or a homeowners association to provide at least 30-days notice to all owners of...more

Legislation Enacted To Permit HOAs To Collect Resale Inspection Fees

Beginning in October, Maryland homeowner associations will have the right to collect a fee relating to inspections during the resale process. What had been House Bill 34 in the 2017 session of the General Assembly, and has...more

Maryland Senate Fails To Consider Bill Passed By House To Preclude Limitations On Construction Defect Claims

The Maryland Senate failed to vote on SB 670, which would prevent condominium developers from limiting the ability of the council of unit owners and individual unit owners to bring claims for building defect issues. The...more

Governor Signs Bill To Reduce Votes Required To Amend Condo and HOA By-Laws

Maryland Governor, Larry Hogan, has signed into law a bill which will reduce the number votes required to amend condominium and homeowner association bylaws. What originated as House Bill 789, (now Chapter 480 of the 2017...more

Final Version Of Bill To Reduce The Number Of Votes Required To Amend Bylaws Passed With Amendments

Both houses of the Maryland General Assembly have passed an amended version of legislation that would reduce the number votes required to amend condominium bylaws. As amended, what originated as House Bill 789 would reduce...more

Maryland General Assembly Passes Legislation To Allow Reduced Number Of Votes To Amend Condo Bylaws

Both houses of the Maryland General Assembly have passed legislation that would reduce the number votes required to amend condominium bylaws. House Bill 789 was approved unanimously in both the House of Delegates and State...more

House of Delegates Passes Amended Version Of Bill To Require Notice to Owners Of Common Element Sales

The Maryland House of Delegates has passed an amended version of a bill previously approved in the State Senate that would require a condominium council of unit owners to provide at least 30-days notice to all unit owners of...more

Senate Committee Issues Favorable Report On Bill To Preclude Developers From Limiting Condo Owners Claims

The Maryland Senate Judicial Proceedings Committee has issued a favorable report on legislation, which has already been passed by the House of Delegates, intended to protect condominium owners’ rights with regard to bringing...more

Maryland Senate Committee Approves Amendment To Bill Allowing HOAs To Collect Fees For Resale Inspections

The Maryland State Senate has approved, with amendment, a bill previously passed by the House of Delegates. House Bill 34, would give homeowner associations the right to collect a fee relating to inspections during the...more

State Senate Passes Bill Requiring Notice To Owners Of Common Element Sales

By a vote of 47-0, the Maryland State Senate passed Senate Bill 809, which would require a condominium council of unit owners to provide at least 30-days notice to all unit owners of any sale, including a tax sale, of a...more

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