Legislation to prevent condominium developers from imposing restrictions on condominium warranty claims was passed by the Maryland General Assembly during the final days of the legislative session in April, 2018. In recent years, condominium developers have put provisions in condominium bylaws and sales contracts to limit the ability to condominium associations and unit owners to sue the developer for construction defects. Continue reading
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.
Changes to the Maryland Condominium Act and Maryland Homeowners Association Act will soon make it easier to amend the governing documents of condominiums and homeowner associations.
The new law allows amendments to be made by a vote of members “in good standing” instead of all of the owners. An owner is not in good standing if the payment of assessments or other charges is in arrears for more than 90 days.
Additionally, the votes required to approve amendments to condo bylaws and the declaration and bylaws of a homeowner association is reduced to 60 percent of the total votes in the condo or HOA, or such lower amount allowed by the association governing documents, beginning October 1, 2017. Continue reading
During the 2017 Maryland legislative session, the General Assembly considered many bills regarding condominium and homeowner association governance, foreclosure procedures, state registration of community associations, and regulation of community association managers.
Legislation passed includes bills to make it easier to amend condo bylaws and an HOA declaration; require lender notice of foreclosure sale postponement and cancellation; and require community associations to provide owner notice of common property sales, including government tax sales. Continue reading
Two weeks until the 2017 Maryland legislative session ends on April 10. Several bills affecting condominium and homeowner associations are still under consideration.
State Registration of Community Associations. Passed by the House. Reviewed by a Senate Committee and waiting further action. Final passage possible but uncertain.
Manager Licensing. Approval this year appears unlikely. No action on the House bill, but summer study may be a possibility. Continue reading
With the Maryland General Assembly now in the final month of the 2017 legislative session which ends on April 10, several bills regarding community associations are still under consideration. Other bills have died in committee. A bill must be passed by the Maryland House and Senate and signed by the Governor in order to become law.
Here’s What’s HOT!
State Registration of Community Associations. Legislation to require each condo, co-op and HOA to register with the state has been passed by the House after it was amended to limit the information required. For communities which already register with the county, no additional state registration would be required. The bill is now under review in the Senate.
Manager Licensing. A bill to require community managers to obtain a State license has been introduced again this year. Manager licensing legislation was previously considered in 2014 and is under study again in the House of Delegates. The proposed legislation would require a manager to have specified training, pass a test and pay a license fee in order to provide management services to condos, coops and HOAs.
Replacement Reserves for Capital Expenditures. Every five years, each condominium and homeowners association would be required to obtain a study of the estimated costs to repair and replacement of building structural components, roads, recreation facilities and other similar items. The House has passed this legislation which is now under review in the Senate.
Foreclosure Sale Notice. A lender which sells a property at foreclosure would be required to give written notice of the proposed sale to any condo or HOA which has recorded an assessment lien against the property at least 30 days before the sale date. Notice of any postponement or cancellation of the foreclosure sale must also be provided to the property owner, condo and HOA. This legislation has passed both the House and Senate.
Governing Documents. Still under study are bills to make it easier to amend condo and HOA governing documents and to invalidate condo document provisions which limit the time for bringing condominium legal claims regarding construction defects.
Here’s What’s NOT
Electric Vehicle Charging Stations. A bill to invalidate condominium and homeowner association covenants which prohibit or unreasonably restrict the installation electric vehicle charging stations in parking spaces designated for the exclusive use of a homeowner was killed by House and Senate committees.
Backyard Gardens. Also killed in committee was a bill to invalidate association covenants which prohibited gardens in the backyard of a home.
Smoking Restrictions. Legislation to allow the board of directors of a condominium or homeowners association to adopt rules to prohibit tobacco smoking in an owner’s condo or townhome was voted down in committee.
For updates and details on legislation affecting Maryland condos, co-ops and homeowner associations, sign up for the Maryland Condominium & HOA Law Blog to receive the latest blogposts by email.
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 Washington, D.C.