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Maryland Condo and HOA Resale Disclosure Law Revised

New resale disclosure requirements for Maryland condominiums and homeowner associations apply beginning October 1, 2016. Condos will now be required to provide prospective purchasers with the current reserve study report or a summary of the report, and a statement of

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Associations Not Required to Disclose Privileged Information

The Maryland Court of Special Appeals held that the Maryland Condominium Act did not require disclosure of information related to legal advice or attorney work product (privileged information) to owners. Although this case was decided in Maryland, and it is

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Montgomery County CCOC To Require Negotiation of Association Disputes

After a year-long examination of the operations of the Montgomery County Commission on Common Ownership Communities (CCOC), the County Council has enacted a new law which makes changes in the CCOC dispute resolution process. More than 340,000 Montgomery County, Maryland

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Board Training Required for Condo and HOA Association Directors

Mid-way through 2016, hundreds of directors of condos, HOAs and coops in Montgomery County, Maryland have successfully completed the online training program now required by County law for directors elected, re-elected or appointed since January 1. The training program, Community

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Maryland Condominium Rule May Not Suspend Use of Common Elements by Delinquent Owner

A Maryland condominium’s policy of towing vehicles of unit owners who are delinquent in payment of condominium assessments was recently struck down by the Maryland Court of Special Appeals–an intermediate appeals court.  In an effort to get owners to pay

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Maryland Appeals Court Upholds Enforcement of Association Truck Covenant

A homeowner association restriction on trucks has been determined by a Maryland appeals court to be enforceable against the owner of a large military-style vehicle.   Read the article……………

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Maryland Appeals Court Upholds Enforcement of Association Truck Covenant

A homeowner association restriction on trucks has been determined by a Maryland appeals court to be enforceable against the owner of a large military-style vehicle.  The 3-axle camouflaged vehicle was taller than the first story of the home and as

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Maryland General Assembly Rejects Legislation That Would Have Aided Condominium Councils and Unit Owners In Pursuing Building Defect Claims

Legislation introduced in the Maryland General Assembly that would have prevented developers from including provisions in condominium governing documents that limit the developer’s liability for construction defects failed to reach a floor vote during the 2016 session.       Read

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Tips from Our Property Management Team – Mulch

Keep mulch from exceeding 3” in depth. This includes OLD and NEW mulch. Consider removing old mulch before applying a fresh layer. Too much mulch leads to a decline in plant health. The extra mulch used leads to increased material

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Montgomery County Requires Association Board Members To Complete An On-Line Education Course

As of January 2, 2016, those who serve on the boards of condominiums, homeowner associations, and housing coops in Montgomery County, Maryland must now complete an education course on the responsibilities of serving on a board of directors   Read the

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Mandatory Training for Community Association Board Members (MD)

Following the release of a report evaluating the Montgomery County Commission on Common Ownership Communities, the Montgomery County Council in Maryland enacted legislation that requires training and certification for board members of common ownership communities.   Read the article…………

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Maryland Condo Held In Contempt For Failing To Complete Court Ordered Repairs and Subjected To a Significant Money Judgment

The Circuit Court for Baltimore City has entered a significant money judgment against a condominium council of unit owners as a means of enforcing its prior order finding the condominium in contempt for failing to complete court ordered repairs. In

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Condo fees are a crucial element in the decision to buy a place

In addition to paying property taxes and a mortgage, condo owners have to pay a monthly maintenance fee, called a condo fee, that goes toward running the building as a whole.    Read the article………….

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Community Associations and Snow

From Thanksgiving until the end of winter (and sometimes even later), snow may fall in area community associations and create issues of safety and parking that can escalate and become dangerous. The biggest concern and perhaps the biggest complaint that

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Non-Competes:Take ’em or Leave ’em?

Non-compete agreements increasingly have become the topic du jour among both CEO’s of community association management companies and community managers.    Read Part 1……………   Read Part 2……….

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HOA must make homeowners a part of its rule-making process

If a homeowners association votes to amend a restriction, does that change go into effect immediately after notification to property owners via the minutes and any future owners via the disclosure package or not until the paperwork has been completed

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The Top 10 Questions asked by Board Members and Community Managers Regarding HOA and Condo Association Insurance

Question # 1:  Is Flood Covered? Question # 2:  What is Co-Insurance? Question 3:  Does my insurance provide coverage if we serve beer/wine/liquor at a community function? Question 4:  What do I need to have on my HO6 policy? Question

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Condominiums May Not Opt Out Of Maryland’s Mandatory Insurance Provisions

Section 11-114 of the Maryland Condominium Act provides that Condominium Associations must maintain property insurance on the entire condominium including units, excepting improvements and betterments installed by the Unit Owner. Any deductible in the Master Policy is a common expense

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Maryland General Assembly Considering Limit On Fees Charged For Condo Resale Certificates and Providing That An HOA Must Provide Resale Information

Legislation has been introduced in the Maryland House of Delegates that would limit the fee charged by condominium councils of unit owners for providing required information in connection with the resale of a unit. House Bill 1007 would also require

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What you need to know before you buy into a condo association

If you’re thinking about buying a condo, townhouse or single-family house in a community with an association, you might want to do more than check out the size of the bedrooms and the finishes on the counters. You also might

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CAI Best Practices: Ethics

Simply put, when someone is employing ethics, he or she recognizes what is right and what is wrong and is choosing to do the right thing; however, as a great deal of business ethics literature will attest, “the right thing”

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Drones could get expanded role in real estate

Drones — also known as “unmanned aerial vehicles ” — are everywhere. Our military uses them in warfare, archeologists scan ancient Peruvian ruins to avoid damage, and others survey hydroelectric dams. One even illegally landed early Monday on the White

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The Maryland Condominium Act Contains Specific Requirements For Adopting Rules and Regulations

While the governing documents of some condominiums contain procedures for the adoption of rules and regulations, most do not. As a result, it is often assumed that rules and regulations may be adopted in the same manner as any other

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A Portion of a Maryland Condominium Assessment Lien Takes Priority Over Mortgages and Deeds of Trust

Under Section 11-110 of the Maryland Condominium Act, in the event of a foreclosure of a mortgage or deed of trust on a condominium unit, a portion of the condominium’s lien for unpaid assessments has priority over the holder of

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Condominium Expenditures In Excess of 15 Percent of the Budget Must Approved By Amendment (MD)

Where a residential condominium expenditure results in an assessment increase that exceeds 15% of the amount contained in the adopted budget, the expenditure must be approved in an amendment to the budget, except in cases where the expenditure is required

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CAI’s Guide to FHA Certification

The U.S. Department of Housing and Urban Development (HUD) Federal Housing Administration (FHA) plays a major in role in housing finance through its Condominium Mortgage Insurance Program. FHA issued regulatory guidance to set standards condominium associations must meet for a

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Can Delinquent Condo Owners Be Exposed? (MD)

If you live in a condominium and you are delinquent on your monthly assessment, can your association disclose your name? If you live in a Montgomery County, Maryland condominium, the answer is yes.    Read more………

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The Law Governing The Running of Implied Warranties On Common Elements Depends On Whether a Maryland Condominium Was Created Prior To Or After October 1, 2010

During 2010 legislative session, then Maryland General Assembly enacted an amendment to Section 10-131 of the Maryland Condominium Act governing the warranty period for the implied warranties on the common elements of a condominium. Originally, the warranty on common elements

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Condominium Council (MD) Held In Contempt Of Court For Failing To Make Common Element Repairs

In a case in which my colleague, Jack Boyd, and I represented the unit owner, the Circuit Court for Baltimore City has held a high-rise condominium in contempt of a prior order of the Court to undertake and complete repairs

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Maryland’s Statute Of Repose Prevents Some Construction Defect Claims In Properties More Than 10-Years-Old And Bars All Claims After 20 Years

In terms of the accrual of causes of action, Maryland abides by the discovery rule, through which a cause of action arsies when it is disovered or should have been discovered in the exercise of reasonable diligence.  Read more……..

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Maryland House and Senate Fail To Agree On Versions of HOA Disclosure Requirements And Related Fees

Both the Maryland Senate and House of Delegates passed bills that would require Homeowners Associations to make re-sale disclosure information available upon written request of a lot owner. However, the two houses were unable to agree on a portion of

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Maryland General Assembly Considers Legislation That Would Revise Disclosure Requirements In Condo Sales

House Bill 1080, now pending in the Maryland House of Delegates, would establish revised disclosure requirements and procedures in both initial sales and re-sales of residential condominium units. The most extensive changes would impact re-sale contracts.   Read more…….

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Condominium Insurance Basics (MD)

Maybe it is the weather, but we have been receiving a number of questions about condominium insurance coverage as between the common elements and units. Here is a summary: A condominium master policy must, at a minimum, cover property damage

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More On The New Law Limiting The Basis For Lien Foreclosure (MD)

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

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Condo Association May Violate Consumer Protection Acts

Although they differ in form and substance, many States have enacted Consumer Protection Laws. Their purpose, in the words of the Virginia law, for example, is “to promote fair and ethical standards of dealings between suppliers and the consuming public.”

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Tis the Season for Stress: Holiday Decorations and Snow Removal in Community Associations

Every year as the holidays approach, community association owners and renters become passionate about two issues: decorations and snow removal. With some forethought, boards of directors and managers can avoid conflict and liability around these issues.   Read more……

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Condominium Community Gets into Solar Hot Water

In the past, solar and condos have not had a good relationship because many condominium associations veto the installation of any type of solar. But in Maryland (US) the Greenbriar Condominiums is a unique community in that it has a

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From Good to Great: Principles for Community Association Success

Every community has its own history, personality, attributes and challenges, but all associations share common characteristics and core  principles. Good associations  preserve the character of  their communities, protect  property values and meet  the established expectations of homeowners. Great  associations also

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Businesses Can Collect On Their Own Debts Without Being Subject To Fair Debt Collections Practices Act (FDCPA) (MD)

When litigating cases under the Fair Debt Collections Practices Act (“FDCPA”) one of the more difficult issues is defining exactly what a “debt collector” is (and what it is not). Ramsay v. Sawyer Property Management of Maryland, LLC and Jeffrey

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New Maryland Law Limiting Liens And Related Fees And Charges Takes Effect October 1 — Only Delinquent Assessments Can Form the Basis For A Lien

An amendment to the Maryland Contract Lien Act, as it relates to the foreclosure of liens by condominiums and homeowners associations, takes effect on Tuesday, October 1, 2013. The new law modifies Section 14-204 of the Real Property Article of

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Housing counsel: Can condos bar people ‘living in sin?’

Can condominium associations ban people who are “living in sin”? That’s what the headlines called it when a Florida condo enacted rules prohibiting unmarried couples from buying units there.   Read more…….

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