Posts by: Michael A. Faerber

To see articles written by our attorneys on a range of topics, just use the links to the right.
Creating Covenants That Help Plan the Development of Multi-Use/Multi-Owner Projects: Reciprocal Easement Agreements (“REAs”)

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. REAs are legal agreements, customarily recorded in the local land records,…READ MORE

Author: Michael A. Faerber

Montgomery County Restaurant Relief Grant Program

For those of you who own restaurants in Montgomery County, Maryland, the County Council has approved an $8-million state-funded Restaurant Relief Grant Program.  Grants of up to $10,000 will be awarded to eligible restaurants, food trucks, caterers, wineries and breweries and similar entities that directly provide food service. Applications open Friday, November 20, 2020, and…READ MORE

Author: Michael A. Faerber

The Importance Of Keeping Your Physical Office Location After The COVID-19 Pandemic

During these times of COVID-19 related business and office quarantining and closures, companies and their employees are learning new ways to be efficient and productive.  Remote working, while certainly a pre-COVID-19 option, has become the new normal.  Workers have become adept at completing tasks and projects away from the office, using platforms like remote-desktop for…READ MORE

Author: Michael A. Faerber

Why Am I Paying Percentage Rent In My Retail Lease?

Many leases for retail spaces, including restaurants, include terms that require the tenant to pay to the landlord a percentage of profits earned from gross sales.  This “percentage rent” payment is over and above the monthly base rent, operating costs and taxes that the tenant also pays the landlord under the lease. For retail or…READ MORE

Author: Michael A. Faerber

FRONT FOOT BENEFIT ALERT! New Court Case Affects Collection Rights

For those of you who either create, collect, buy or sell private front foot benefits for water and sewer installation reimbursements, a new Maryland court case affects the ability to collect delinquent charges from homeowners.  The Maryland Court of Special Appeals, in H.C. Utilities, LLC v. Song Y. Hwang, December Term, 2019,  No. CSA-REG-2423-2018, issued…READ MORE

Author: Michael A. Faerber

Occupancy Permit – Whose Responsibility?

Recently, we have had two instances in which clients signed leases and were obligated to obtain an Occupancy Permit.  In both cases, the prospective tenants were unable to obtain an Occupancy Permit because the use was not permitted. The landlord did not inform, or was unaware, that the use was not permitted in the zoning….READ MORE

Author: Michael A. Faerber

Attention Maryland Home Builders–New Maryland Legislation

The following are some of the many new laws that will go into effect in Maryland on October 1, 2018, which are of interest to home builders in Maryland. Chapter 778 (House Bill 239) – Prince George’s County – Sales of Residential Real Property – Community Amenities – Advertising.  This legislation requires home builders in…READ MORE

Author: Michael A. Faerber

When Will New Minimum Wage Requirements Affect Your Payroll?

Get ready. As early as October 1, 2014 higher minimum wage requirements begin to take effect around Maryland. That’s the date when new local laws start to impact businesses in Montgomery and Princes George’s Counties. Elsewhere in Maryland, new statewide requirements (which are lower than those in Montgomery and Prince George’s) take effect a few…READ MORE

Author: Michael A. Faerber

Why Many HOA Rules May Not Be Enforceable

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 homeowners’ association; they all…READ MORE

Author: Michael A. Faerber

Medical Lease Negotiations: Ten Items to Consider

When medical professionals lease new space there are complicated issues that can cause long-term problems if they are not addressed correctly. When we work with physicians or other healthcare-related businesses on leases, here are some of the things we look for: 1. Build-Out/Construction Issues Medical offices often need numerous rooms for different purposes and layouts…READ MORE

Author: Michael A. Faerber

10 Things to Check Before Signing a Commercial Lease

A commercial lease is one of the largest financial and legal commitments a business makes. So before signing a lease, you should ask your attorney to review it to understand what costs, responsibilities and liabilities the landlord is passing on to you as the tenant. You should also determine which, if any, terms you can…READ MORE

Author: Michael A. Faerber