Services | Condominiums and Property Associations
With land planners advocating more efficient and more convenient forms of real estate development, and people seeking to live in planned communities and in desirable locations such as The Beach, inland bays and on Chesapeake Bay, more concentrated forms of property ownership have evolved. In the business community, planned business parks, mega shopping complexes and commercial condominiums have become commonplace. The increased density reflects the increasing scarcity and value of desirable and well-located real estate.
Governing Legal Structures
Legal structures have evolved to handle these unique, higher density projects. For example, Maryland has a comprehensive statute, the Maryland Condominium Act that details the roles and responsibilities of developers, condominium associations, condominium sellers, condo boards of directors, condo insurers and the unit owners themselves. All condominiums, whether they are residential or commercial, have detailed declarations and by-laws that contain many specific rules governing he operation of the condominium. For residential condominiums, these documents must be approved by the State before they are adopted and recorded. The statute supersedes any contrary provisions in the declaration, which, likewise, supersedes any contrary provisions in the by-laws. Condo associations can also adopt rules and regulations governing day-to-day living in the condominium complex, which must, of course, be in compliance with the statute, declaration and by-laws of the condominium Similarly, the General Assembly has adopted a statute governing Homeowner Associations, such as would exist in a residential subdivision or town home community. While this statute is somewhat less detailed than the condominium statute, the governing documents of a HOA'a declaration of covenants and by-laws-- tend to be similar to those typical of a condominium.
The Lawyer's Role Helping Condos and HOA's
Condominium association and homeowner associations need legal assistance for a number of reasons. Usually the organic documents are prepared by legal counsel in close communication with the developer-client and their design professionals. When the association is approaching self-management, a number of issues frequently arise. Questions are often raised about the condition of the common elements and common areas, and the responsibility of the developer and builder to correct any construction defects under warranties applicable to condominiums and new homes. Frequently the organic documents of the association require revision to take into account changes in the legal landscape or the needs of the particular association. The statute contains procedures for amendment of the condominium's Declaration, By-Laws and Plats; although the particular condominium's documents may supplement those procedures. Frequently someone fails to pay their dues or assessments, requiring placement of liens or other collection action. The association board, which must hold it own meetings and oversee meetings of the unit owners, must also propose budgets, deal with complaints, resolve disputes, work with contractors, accountants and other professionals. In all these situations, they benefit greatly from the services and advice of an attorney experienced in condo and HOA law and practice.
Experienced with condominium, property and homeowner associations
For over 30 years, The Law Office of John C. Seipp has helped developers, design professionals, property managers, board of directors, condominium associations, homeowner associations, commercial condos and property owners' associations with matters relating to Maryland condo and HOA law and practice. A short list of our typical services includes:
Many of the property associations and developers we represent are located at or near "The Beach"; but others have been located elsewhere on the Lower Eastern Shore. Our experience covers property associations in both residential and commercial settings. We are very familiar with the pertinent laws, procedures, common problems and issues that challenge these common ownership communities, and the professionals that develop and build them.
Governing Legal Structures
Legal structures have evolved to handle these unique, higher density projects. For example, Maryland has a comprehensive statute, the Maryland Condominium Act that details the roles and responsibilities of developers, condominium associations, condominium sellers, condo boards of directors, condo insurers and the unit owners themselves. All condominiums, whether they are residential or commercial, have detailed declarations and by-laws that contain many specific rules governing he operation of the condominium. For residential condominiums, these documents must be approved by the State before they are adopted and recorded. The statute supersedes any contrary provisions in the declaration, which, likewise, supersedes any contrary provisions in the by-laws. Condo associations can also adopt rules and regulations governing day-to-day living in the condominium complex, which must, of course, be in compliance with the statute, declaration and by-laws of the condominium Similarly, the General Assembly has adopted a statute governing Homeowner Associations, such as would exist in a residential subdivision or town home community. While this statute is somewhat less detailed than the condominium statute, the governing documents of a HOA'a declaration of covenants and by-laws-- tend to be similar to those typical of a condominium.
The Lawyer's Role Helping Condos and HOA's
Condominium association and homeowner associations need legal assistance for a number of reasons. Usually the organic documents are prepared by legal counsel in close communication with the developer-client and their design professionals. When the association is approaching self-management, a number of issues frequently arise. Questions are often raised about the condition of the common elements and common areas, and the responsibility of the developer and builder to correct any construction defects under warranties applicable to condominiums and new homes. Frequently the organic documents of the association require revision to take into account changes in the legal landscape or the needs of the particular association. The statute contains procedures for amendment of the condominium's Declaration, By-Laws and Plats; although the particular condominium's documents may supplement those procedures. Frequently someone fails to pay their dues or assessments, requiring placement of liens or other collection action. The association board, which must hold it own meetings and oversee meetings of the unit owners, must also propose budgets, deal with complaints, resolve disputes, work with contractors, accountants and other professionals. In all these situations, they benefit greatly from the services and advice of an attorney experienced in condo and HOA law and practice.
Experienced with condominium, property and homeowner associations
For over 30 years, The Law Office of John C. Seipp has helped developers, design professionals, property managers, board of directors, condominium associations, homeowner associations, commercial condos and property owners' associations with matters relating to Maryland condo and HOA law and practice. A short list of our typical services includes:
- Drafting Condo Documents and Amendments
- Assisting with Condo Project Development
- Advising Boards of Directors and Property Managers
- Attending Board or Unit Owner meetings when requested
- Reviewing contracts
- Handling construction disputes involving condo association, developer, contractors or designers
- Resolving internal disputes between Owners and Condo Associations
- Collection of delinquent Assessments
Many of the property associations and developers we represent are located at or near "The Beach"; but others have been located elsewhere on the Lower Eastern Shore. Our experience covers property associations in both residential and commercial settings. We are very familiar with the pertinent laws, procedures, common problems and issues that challenge these common ownership communities, and the professionals that develop and build them.
