The United States Supreme Court, during its recently-ended 2018 Term, declined to review the decision of a federal appeals court that a condominium owner is not personally responsible for payment of assessments which become due after the owner files a Chapter 13 bankruptcy petition when the owner makes all payments under a bankruptcy payment plan approved by the Bankruptcy Court. Continue reading
Condominium insurance, replacement reserves and dispute resolution procedures were among the condominium and homeowners association topics which were considered during the 2019 Maryland legislative session. However, virtually no new laws affecting community governance were enacted this year.
Looking ahead to 2020, legislation concerning insurance, reserves and dispute resolution is likely to introduced again.
Condominium Insurance Deductibles
Where damage to condominium units and common elements is caused by fire, water or other perils covered by the master property damage insurance, the Maryland Condominium Act requires a unit owner to pay up to the first $5,000 of repair expenses when the cause of the damage originates in that owner’s condominium unit. While some condos choose a higher deductible, others can only obtain insurance with a deductible of $10,000 or more. This leaves the condominium association responsible for repair expenses between $5,000 and the amount covered by insurance. Continue reading
More than two years after new fair housing rules regarding discriminatory actions of residents which create a hostile housing environment for other residents were adopted by the United States Department of Housing and Urban Development (HUD) in October 2016, it remains uncertain what community association boards and managers must do to avoid liability for not ending the discriminatory conduct of owners and other residents of condominiums, homeowner associations, and housing cooperatives.
The HUD rules establish nationwide standards which HUD will apply in enforcing the federal Fair Housing Act with respect to alleged harassment based on race, religion, national origin, sex, familial status or disability. In addition to liability for a person’s own conduct and the conduct of that person’s agents and employees, the 2016 fair housing rules also make a community association liable for failing to take prompt action to end a discriminatory housing practice by residents where the person knew, or should have known, of the discriminatory conduct and had the power to correct it. The HUD rule does not require that the housing provider have a discriminatory intent in not intervening to stop the resident’s discriminatory conduct. Continue reading
The hot topic during the 2018 Maryland legislative session was how Maryland will adapt to recent changes in federal income tax and health insurance laws.
Beyond the headlines, the Maryland General Assembly considered many bills which directly affect Maryland condominiums, homeowner associations, and housing cooperatives. Several new laws which help condos and HOAs were enacted. Continue reading
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
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.