Sue or Be Sued:

Condo Association Can Be Liable to Its Members For Failing to Take Legal Action Against Developer For Construction Defects Read More, DOWNLOAD PDF

To Sue or Not To Sue:

Is a Condo Association Obligated to Take Legal Against a Developer for Construction Defects? Read More, DOWNLOAD PDF

TOLLING AGREEMENTS

Too often, condominium associations unknowingly allow their legal claims to expire during lengthy construction defect negotiations with developers. If negotiations fail, the association may turn to an attorney for legal representation only to find their legal claims are time barred… Read More, DOWNLOAD PDF

WRITTEN REPAIR AGREEMENTS

Condominium associations should be careful about accepting verbal offers from developers to make unspecified “repairs” in response to complaints about construction defects. The informal nature of such an agreement may be appropriate given the circumstances. On the other hand… Read More, DOWNLOAD PDF

ENFORCING STATUTORY WARRANTY RIGHTS IN MARYLAND

During the 1970s and 1980s, the Maryland Legislature enacted statutory warranties to protect consumers from construction defects in newly constructed homes and residential communities. Today, four separate statutory warranties apply to the sale of condominiums. One is an express warranty… Read More, DOWNLOAD PDF

ASSOCIATION’S RIGHT TO RECOVER ATTORNEY’S FEES

A condominium association may have the legal right to recover some or all of its attorney’s fees in a construction defect dispute with a developer. For example, in the case of Milton Company v. Bently Place Condominium, a Maryland Court awarded… Read More, DOWNLOAD PDF

WARRANTY REFORM LEGISLATION COMES TO MARYLAND

I recently had the privilege of drafting warranty reform legislation that was passed unanimously by the Maryland General Assembly and signed into law by Governor O’Malley, effective October 1, 2010. The legislation, known as Senate Bill (“SB”) 597, is intended to close “loopholes” that unfairly deny… Read More, DOWNLOAD PDF