Maryland Legislature Bans Developer Restrictions on Condominium Warranty Claims

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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.

The new law amends the Maryland Condominium Act to make unenforceable any provisions which shorten the time for filing suit, require arbitration claims to be filed sooner than the time allowed to file suit, or operate to prevent a claim to be brought within the applicable statute of limitations.  This protects the legal rights of condo associations and owners to seek monetary compensation for construction deficiencies related to a developer’s failure to comply with applicable building codes; approved plans and specifications; product manufacturer’s installation instructions; and implied statutory warranties.

On behalf of the Community Associations Institute, Tom Schild testified in support of the bill at the House Committee hearing.  The new law takes effect on October 1, 2018.

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, and Baltimore County; and in Baltimore City and Washington, D.C.

This entry was posted in Maryland Condominium Associations, Maryland condominium laws, Maryland Legislation by Tom Schild. Bookmark the permalink.

About Tom Schild

MarylandCondominiumlaw.net is written by Thomas C. Schild. Tom focuses his practice in the representation of community associations. Since 1985, he has represented condominiums, homeowners associations, and housing cooperatives throughout Maryland and Washington D.C. He is recognized locally and nationwide as a leader in the field of community association law. Tom has written numerous articles and presented many seminars concerning various aspects of condominium and homeowners associations operations. He has recently presented programs regarding community associations insurance, contracts, leasing restrictions, tips for avoiding litigation, and community governance. He is a long-time member and past Chair of the Maryland Legislative Action Committee of the Community Associations Institute (CAI), which represents community association interests before the Maryland General Assembly. Tom is also a member of CAI's National Faculty and teaches a Community Governance course for community association managers in cities nationwide. And, he is a member of the College of Community Association Lawyers (CCAL) which is comprised of fewer than 150 lawyers nationwide recognized for their leadership and contributions in the field of community law. He previously served on the Board of Directors of CAI's Washington Metropolitan Chapter. Tom is a 1976 graduate of Northwestern University and a 1980 graduate of the George Washington University Law School. He is admitted to practice before the state and federal courts in Maryland and the District of Columbia.

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