Maryland Condo and HOA Restrictions on Commercial Vehicle Parking

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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

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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.

2018 Maryland Legislative Hot Topics for Condos and HOAs

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2018 marks the last Maryland legislative session before statewide elections in November.  With the entire General Assembly and Governor up for election, the legislature is expected to focus on many bills previously considered but not enacted.

For community associations, the hot topics include limiting community association manager licensing; prohibiting developer restrictions on condo construction defect claims;  and requiring developers to provide additional information regarding construction bonds and association finances.

Legislation to require periodic reserve studies to estimate the cost of replacing and repairing common property may also get another look.  And, a proposal to limit association authority to regulate electric vehicle charging stations is also likely to be introduced again. Continue reading →

Maryland Appeals Court Rejects Condo Owner Defamation Claim

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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”?

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Short Term Rentals Coming Soon to Montgomery County, Maryland

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Short term rentals will soon be allowed in all residential areas of Montgomery County, Maryland.  A home rented on a daily or weekly basis is often referred to as an AirBnb–which is the dominant online booking web site for short term rentals.

Under current law, no residential rentals are permitted in Montgomery County for less than 30 days.  Faced with widespread illegal daily and weekly rentals, the County Council passed legislation in October, 2017 to allow these rentals where the property is the primary residence of the owner or owner-authorized resident of the rental property. However, condominiums, homeowner associations and housing cooperatives will still be allowed to ban or restrict short term rentals.  Continue reading →

Maryland Developer Declaration Does Not Establish Assessment Lien

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A developer’s Declaration notifies the purchaser of the property of a potential lien for unpaid assessments, but is not sufficient to create an assessment lien, according to a recent decision of the Maryland Court of Appeals–the top state appeals court.  A lien based on the contractual obligation to pay assessments is valid only if the party asserting the lien complies with the notice procedures of the Maryland Contract Lien Act.

At issue, in Select Portfolio Servicing, Inc. v. Saddlebrook West Utility Company, LLC, was a claimed lien as part of a deferred financing arrangement for the construction of the water and sewer infrastructure for a new home development in Prince George’s County, Maryland.  Continue reading →