The 2024 legislative session was another busy one for the Maryland legislature, with over 1,000 bills signed into law. The Maryland Legislative Action Committee of the Community Associations Institute, the trade organization that represents and educates members of the community associations industry, was just as busy monitoring proposed bills and advocating on behalf of community associations in Maryland. Several of the bills that passed affect community associations and go into effect on October 1, 2024. Below is a summary of those bills.
With the commercial real estate market in flux because of the post-COVID-19 economy and changes in work patterns, owners of leased commercial buildings, such as office buildings and industrial warehouses, are considering how to make their properties and their investments in them more attractive. We have seen a good number of commercial properties being repurposed for residential use, either by reusing the existing structure of the commercial building and creating residential spaces in them, or by tearing down these structures and redeveloping them into residential uses.
Whether they were drafted 10 years ago by a developer or amended last week by an HOA’s Board of Directors. No matter how meticulously they hew to the letter of the law. Regardless of how long and technical – or brief and simple – the bylaws and rules of every Maryland homeowner’s association, they all have one essential trait in common. None of them are enforceable unless they have been filed in one of the HOA Depositories set up by the State.
As homebuilders in Maryland may already know, there has been a requirement in the State that homebuilders provide an option to purchasers of single family detached houses and town houses to add EV charging stations to new homes. Since 2021, builders were required to include a disclosure regarding this option in sales contracts.
It seems like an easy thing to do when selling a property: just hand over the keys and include an “as-is” clause in the contract. After all, caveat emptor – “buyer beware.” But do you really know what an as-is clause means?
Looking through the local news recently, I noticed an article about D.C. companies making significant changes to their office spaces. Notably, statistics show that more and more businesses are choosing to downsize their spaces and move to other locations.
If you are the developer of a multi-use project or are planning to develop a large real estate project with multiple owners, a reciprocal easement agreement (“REAs”) may be an appropriate avenue for the coordination of the development and future maintenance of the project.
In the early morning hours of June 24, 2021, the Champlain Towers South Condominium, a 12-story beachfront condominium in Surfside, Florida, collapsed as people watched in horror. Ninety-eight people died and dozens were injured. Soon afterward it was revealed that the condominium had structural problems that went unaddressed for several years. Its concrete and steel structural supports had severely weakened over time due to water intrusion and corrosion.
Under Maryland law (Md Real Property Code Annotated, Section 11B-110), a developer of improvements upon common areas owned or to be owned by a homeowners association remains responsible for certain aspects of such improvements under an implied warranty created by such statute. To determine how long the developer is responsible and to what the warranty applies requires a careful read of the statute.
Effective November 10, Governor Hogan, by Executive Order, has imposed or restored certain Covid restrictions against the ability of Maryland businesses to fully operate. The Governor’s Order also allows counties to impose more restrictive regulations: Montgomery County did just that by imposing a more restrictive regulation (also effective November 10).