Maryland General Assembly OKs Bill to Help Condos Collect Delinquent Assessments

The Maryland General Assembly has approved legislation to make it easier for condominium associations to suspend use of the common area parking lot, pool and other recreational amenities when an owner is delinquent in paying the condo assessments for more than 60 days.

The new law allows approval by owners with 60 percent of the total eligible votes to amend a condominium declaration to provide for the suspension of use of these portions of the condominium common property.  This is far less than the 80 percent minimum required by the Maryland Condominium Act for other declaration amendments, and some older condo documents require as much as 100 percent unanimous approval.  Continue reading

Maryland Condo and HOA Restrictions on Commercial Vehicle Parking

Maryland condominium and homeowners association covenants often prohibit parking “commercial vehicles” without specifying what constitutes a commercial vehicle.

Where a word or phrase used in the declaration of covenants for a condominium or homeowners association is not defined in the covenants or by statute, the board of directors has broad discretion to adopt rules which explain how the provisions of the covenants will be applied.

If there are no community rules which define what constitutes a “commercial vehicle”, it is likely that a court would apply the Maryland statutory definition of “commercial motor vehicle” used in connection with the requirements for obtaining a commercial driver’s license.  Under that definition, a commercial vehicle includes any vehicle with a gross weight rating of at least 26,001 pounds; a vehicle designed to transport 16 or more passengers; or any size vehicle used to transport hazardous materials.  Excluded from the statutory definition are fire and rescue vehicles with audible and visual signals. Continue reading

Condo and HOA Board Member Training Classes

On Sunday February 25, 2018, a training class for condominium, homeowner association, and co-op board members was presented at the Civic Building in Silver Spring, Maryland by attorney Tom Schild of Thomas Schild Law Group, LLC and Mark Fine, Chair of the Montgomery County Commission on Common Ownership Communities (CCOC).    

All common ownership community board members in Montgomery County, Maryland are required to take a 2-hour training class within 90 days after being elected or appointed to the board for the first time.  The CCOC’s Community Governance Fundamentals class provides board members with a basic understanding of the responsibilities and procedures for governing their community association. The training class topics include association governing documents and statutes, meeting and decision-making procedures, financial management, and owner rights and responsibilities.

Attorney Scott Silverman of Thomas Schild Law Group, LLC  presented a program on hot topics in Fair Housing in Washington, D.C. at Annual Conference of the Washington Metro Chapter of the Community Associations Institute (CAI) on Saturday March 10, 2018.  Topics include an overview of fair housing laws, board response to disputes between residents, and accommodations for service and emotional supports animals.

Posted by Thomas Schild Law Group, LLC, attorneys for condominiums, homeowner associations and housing cooperatives in Maryland -– including Montgomery County, Prince George’s County, Howard County, Frederick County, and Baltimore County; and in Baltimore City and Washington, D.C.

Maryland Appeals Court Rejects Condo Owner Defamation Claim

A Maryland appeals court has ruled that emails sent to owners in a Baltimore condominium association by the condo President regarding a recent burglary were not defamatory with regard to the owner whose condominium unit was broken into.

An email was sent to another owner who reported the burglary and copied to several board members in part stating: “What do you think I should do in response to your email? Should I ask to be appointed police commissioner so I can station cops in our community 24/7? Should I tell our neighbors not to associate with criminals who might want to cause harm to them”?

Continue reading

Fair Housing Claim Against Homeowner Association Director Allowed by District of Columbia Appeals Court

The District of Columbia Court of Appeals has ruled that a board member of a homeowners association may be personally liable for violating the disability discrimination provisions of the fair housing laws by delaying action on a homeowner’s request for a reasonable accommodation in the enforcement of the association’s leasing restrictions.

When  homeowners leased  their home to a non-profit organization for occupancy by recovering alcoholics and drug addicts, the association board asked the homeowners to terminate the lease because it violated the HOA bylaws which prohibited leasing to anyone not named in lease and prohibited subleasing.   After it received a request for waiver of the bylaw restrictions as a reasonable accommodation based on the disabilities of the sub-tenants, the HOA board approved the lease. Continue reading

HOT TOPICS IN COMMUNITY ASSOCIATION GOVERNANCE!

Fair Housing, Assessment Collection, and Governing Documents are the featured topics at a FREE educational event for board members and managers presented by Thomas Schild Law Group.

Keep current on legal news and trends which affect condominium associations, homeowners, and housing cooperatives in Maryland and the District of Columbia by attending HOT TOPICS IN COMMUNITY ASSOCIATION GOVERNANCE on Saturday August 26, 2017 in Rockville, Maryland.

Attorneys Thomas Schild, Scott Silverman, and John Tsikerdanos will highlight recent court decisions, laws and federal regulations which impact the governance of every community association!  Sessions include:

>>> Understanding and Amending the Governing Documents

>>> Show Me the Money–Tips for Collecting Delinquent Assessments

>>> Avoiding Fair Housing Harassment and Accommodation Claims

Advance Registration is REQUIRED–Seating is Limited.

REGISTER NOW.

 

Posted by Thomas Schild Law Group, LLC, attorneys for condominiums, homeowner associations and housing cooperatives in Maryland–including Montgomery County, Prince George’s County, Howard County, Frederick County, and Baltimore County; and in Baltimore City and  Washington, D.C.