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
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If you are looking to rent space in a building or property for your business, you should start by looking for the appropriate location for your specific use. The business use category will also affect the language and conditions of the lease and certain requirements for approval of the use. A restaurant or retail lease…READ MORE
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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…READ MORE
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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
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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
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Back in February, 2020, I notified you of a new Maryland court case that affected the ability to collect delinquent charges from homeowners. As a reminder, the Maryland Court of Special Appeals, in H.C. Utilities, LLC v. Song Y. Hwang, December Term, 2019, No. CSA-REG-2423-2018, issued an opinion dated January 29, 2020, in which the…READ MORE
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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
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Any of you that are in the process of negotiating a new lease, or considering negotiating a new lease in the near future, should expect some issues regarding delays. Tenants are finding themselves tentative to pull the trigger on signing leases due to uncertainty of their business moving forward in the short term. Additionally, there…READ MORE
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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
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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
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If you rent space in an office building, strip retail center or some other commercial building, at some point in time, you may need to find someone else to share your space because you have too much space, or you may need help in making rent payments. In some circumstances, you may realize that you…READ MORE
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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
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If you are opening a new business or looking for new space for your existing business, you need to understand how the leasing cycle works and give yourself enough time to allow all issues to be properly addressed. The process and timeline are different for every business, but even if you think you are making…READ MORE
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Starting October 1, 2016, single-family homes being sold in Montgomery County must be tested for radon before the sale is completed. The test must be performed less than one year prior to the settlement date. According to the law, the seller of the home must either perform the test or permit the buyer to perform…READ MORE
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As of January 1, 2016, Montgomery County requires everyone serving on the Board of Directors of a Homeowners or Condominium Association to successfully complete an online education program developed by the county’s Commission on Common Ownership Communities. All newly elected Directors must complete the educational training within 90 days after being elected or appointed for…READ MORE
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Both Prince George’s and Montgomery Counties have enacted new laws that directly affect builders and developers whose projects are in those jurisdictions. PRINCE GEORGE’S COUNTY – CHANGES IN PRIVATE WATER/SEWER DISCLOSURES As of October 1, 2014, if you are selling homes in a project with private water and sewer charges, you are required…READ MORE
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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
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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
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When you negotiate a lease for new space – whether for a restaurant, retail store, office or medical use – work usually needs to be done to the space before it can be used. Often the lease will include construction requirements that need to be hashed out so that all parties understand the procedures for…READ MORE
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Owning and operating a restaurant business can be exciting, fast moving, exhausting and scary, all at the same time. You may have a certain vision of how you want your restaurant to look and run. However, before that vision can come to life, there are many issues during the lease negotiation to consider –details that…READ MORE
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Often, I am asked by my clients whether they should consider converting their commercial building into a condominium. If you are thinking about selling a commercial property that you own or plan to build in Maryland, then you may want consider this opportunity. It is very possible you could generate a more favorable return if…READ MORE
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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
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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
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Negotiating a new commercial lease is tricky in many ways. The Landlord and Tenant are both focused on establishing their relationship and the business terms for the lease deal. However, both parties should give thought at the outset about whether or not they should consider opportunities to continue their relationship beyond the initial term of…READ MORE
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When reviewing and negotiating commercial leases there should be a discussion between the landlord and the tenant to address who should obtain the different types of applicable insurance coverages, the amount of coverage and which party will be responsible for paying the premiums. The answers to these issues differ depending upon the type of lease…READ MORE
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A 2010 Maryland Court of Special Appeals decision has changed how those who build and sell new residential condominium units in the State need to treat amendments to documents that are filed with the State of Maryland as part of their approved Public Offering Statements (“POS”). The Maryland Court of Special Appeals in Kristin Herlson v….READ MORE
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For those interested in Homeowners Associations and Condominium projects, the Maryland General Assembly passed several new laws in 2010 that will affect the drafting of new governing documents for these types of projects to include how administration, management and maintenance requirements are addressed by the developer while in control of the project and, thereafter, by…READ MORE
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Given the effect of the economy, many companies find themselves struggling to make rent payments. Companies may want to consider discussing rent abatement, rent deferrals and/or other concessions with their Landlords. The types of relief that may be available to a Tenant will differ depending upon a number of circumstances and each Landlord may react…READ MORE
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With the economic downturn affecting almost every aspect of business in the country, both Landlords and prospective Tenants need to be creative in structuring lease transactions that will work for both parties. Landlord’s need to be aware of getting proper security from a Tenant in the event the Tenant cannot remain economically successful in this…READ MORE
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