Category Archives: Real Estate Law

To see articles written by our attorneys on a range of topics, just use the links to the right.
Can I Run An Airbnb® in Montgomery County?

A recent online search revealed approximately 227 available Airbnb®rooms, cottages, and homes for rent in the Bethesda, Chevy Chase, and Silver Spring areas of Montgomery County. In a county known for regulations and restrictions, you might be asking: Are Montgomery County’s residents allowed to operate their residential homes as short-term rentals? As of July 1,…MORE

Author: Peter Ciferri 11/24/2017

Dangerous Easements: Do They Limit My Property Rights?

At some point during your life as a property owner, you will likely receive a strongly worded letter from governmental authority or a neighbor stating that they have the right to access your property by utilizing an “easement” or a “right-of-way”. Sometimes you might not even get a letter before noticing a stranger wandering through…MORE

Author: Peter Ciferri 06/26/2017

Want to Put Your Home on Airbnb? Read this first!

Are you thinking about offering your home as a short-term vacation rental?  Next to driving for Uber, short-term vacation rentals are the latest craze in side-hustles.  But before you clean out that extra bedroom and list your home on Airbnb or another on-line vacation rental website, you’d better make sure that you have the legal…MORE

Author: Judyann M. Lee 06/26/2017

Replace or Repair – The Historic Resource Conundrum

Maryland jurisdictions, including the Cities of Rockville and Gaithersburg and counties such as Montgomery County and Prince George’s County, have local laws intended to identify and protect historic buildings that are either “stand-alone” historic resources or “contributing resources” within a designated “historic district.” Historic buildings are, by definition, “old” and often in need of repair…MORE

Author: Stephen J. Orens 03/16/2016

HOA and Condo Board Members: A New Law in Montgomery County Applies to YOU!

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…MORE

Author: Michael A. Faerber 01/27/2016

Watch Out for This Scam from Your “State Government”

A nationwide scam is now hitting our area. The scammers are accessing publicly-available records to generate fraudulent mailings to businesses and property owners, suggesting that you need to pay fees and submit extra documents in order to complete your transaction. To confuse you, the mailings often use misleading company names, designed to sound like official…MORE

Author: Lawrence S. Jacobs 12/21/2014

Big Issues, Short Takes for Builders & Developers – September 2014

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…MORE

Author: Michael A. Faerber 09/03/2014

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…MORE

Author: Michael A. Faerber 04/07/2014

Beware of the “Harmless” Letter of Intent

When you sign a “non-binding” Letter of Intent or Term Sheet before negotiating a lease, you might logically believe that you will not be bound by it. Unfortunately, based on recent trends and case law, that is not true. Letters of Intent and Term Sheets (both referred to as “LOIs” here) serve the same purpose:…MORE

Author: A. Howard Metro 12/06/2013

Should I Convert My Commercial Building into a Condominium?

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…MORE

Author: Michael A. Faerber 09/24/2013

Big Issues, Short Takes – June 2013

“Rain Tax, Rain Tax, Go Away!” You can chant “Rain Tax, Rain Tax, go away”, but it won’t stop Maryland’s new levy, implemented to offset the costs of runoff from impervious surfaces into the Chesapeake Bay. The Rain Tax affects you if your home, business or non-profit is located in Montgomery, Prince George’s, Frederick, Anne…MORE

Author: A. Howard Metro 07/01/2013

Big Issues, Short Takes – May 2013

Independent Contractors – Construction Many federal and state agencies are auditing employers to make sure they are properly classifying their workers as employees or independent contractors. A recent District of Columbia law, the Workplace Fraud Act, presumes that workers in the District of Columbia construction services industry are employees unless the employer can otherwise demonstrate that the…MORE

Author: Donna M. McMillan 05/15/2013

The Nightmare of General Easements

Easements are interests in real estate which usually provide a benefit to owners of one parcel of land, while burdening another parcel of land over which the easement runs. Sometimes the creators and drafters of easements describe them generally and do not ever provide their specific locations, or even specify the full nature or extent…MORE

Author: Tracie L. Clabaugh 03/01/2013

Real Property Taxes – APPEAL NOW!

Owners of both residential and commercial real property in Maryland recently received notices from the State Department of Assessments and Taxation (“SDAT”) indicating the newly assessed values of their real properties. These notices are generated by the SDAT every three years. For many, the assessed property values have increased since the last assessment date. Therefore,…MORE

Author: Robb A. Longman 01/21/2013

Who Owns the Premises When Determining Liability?

Can a mere real estate investor be liable for hazardous conditions in properties owned by others? That is not as clear as one might hope. A recent Maryland case sought to determine who the “owner” of an apartment was for purposes of assessing liability for an occupant’s exposure to lead paint. Many different parties were…MORE

Author: Ronald E. Lyons 09/28/2012

Encroaching Branches or Falling Trees: Rights and Liabilities of Property Owners

Our area is graced with an abundance of mature trees, many of considerable size. The maturity of the tree canopy is part of what gives many local residential areas their character and contributes greatly to their livability and charm. The severe storms that have visited the region in recent years, however, also remind us of…MORE

Author: Beth Tomasello 01/27/2011

Adding a Domestic Partner to Title

In the January issue of the McMillan Metro Alert, we advised our clients that the State of Maryland had carved out a limited exemption from the 10% inheritance tax for the devise of an interest in a principal residence jointly owned by domestic partners to the surviving partner along with the requirements for qualifying for…MORE

Author: Donna M. McMillan 08/25/2010

2010 Maryland Laws Applicable to Homeowners and Condominium Associations

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…MORE

Author: Michael A. Faerber 06/16/2010

Regulations Adopted for Transition from Developer to Owner-Control of Homeowners’ Associations

The Maryland legislature has adopted a new statute intended to regulate the transition of control from developer to owners in homeowners’ associations. This statute adds new Section 106.1 to the Homeowners Association Act, found in Section 11B of the Real Property Article of the Maryland Code (hereinafter the “Statute”). It will seem very familiar to…MORE

Author: Donna M. McMillan 01/25/2010