It seems like an easy thing to do when selling a property: just hand over the keys and include an “as-is” clause in the contract. After all, caveat emptor – “buyer beware.” But do you really know what an as-is clause means? It’s more complex than it seems, and it doesn’t mean the buyer can’t…READ MORE
Author: 03/29/2023
Looking through the local news recently, I noticed an article about D.C. companies making significant changes to their office spaces. Notably, statistics show that more and more businesses are choosing to downsize their spaces and move to other locations. In the age of Zoom meetings and hybrid working environments, many companies are rethinking their need…READ MORE
Author: 03/07/2023
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: 05/23/2022
The Collapse In the early morning hours of June 24, 2021, the Champlain Towers South Condominium, a 12-story beachfront condominium in Surfside, Florida, collapsed as people watched in horror. Ninety-eight people died and dozens were injured. Soon afterward it was revealed that the condominium had structural problems that went unaddressed for several years. Its concrete…READ MORE
Author: 02/24/2022
Many laws affecting community associations went into effect this year, despite social distancing and legislators’ inability to meet in person because of the pandemic. In fact, many of the bills this year directly resulted from the effects of the pandemic. For example, because gyms and recreational areas were closed, many people turned to home fitness…READ MORE
Author: 10/28/2021
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
Author: 01/22/2021
Effective November 10, Governor Hogan, by Executive Order, has imposed or restored certain Covid restrictions against the ability of Maryland businesses to fully operate. The Governor’s Order also allows counties to impose more restrictive regulations: Montgomery County did just that by imposing a more restrictive regulation (also effective November 10). Both Orders primarily limit business…READ MORE
Author: 11/11/2020
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: 07/20/2020
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
Author: 05/28/2020
Effective as of May 15, 2020, at 5 p.m., Governor Hogan has amended Maryland’s COVID-19 “Stay at Home Order” to ease certain restrictions on businesses and gatherings and to allow for the re-opening of certain businesses. This article discusses Order No. 20-05-13-01. A link to the complete Order appears at the end of this article. …READ MORE
Author: 05/15/2020
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: 05/06/2020
One important consideration for landlords and tenants in commercial lease negotiations in Maryland is whether to demand a tenant’s exclusive use clause (if you are the tenant) or when to extend that right to your tenants (if you are a landlord). An exclusive use clause grants the tenant the right to prevent the landlord from…READ MORE
Author: 05/03/2020
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
Author: 04/21/2020
All of us who are trying to figure out how best to help our companies survive and perhaps even thrive in the coronavirus crisis should be sure to review and evaluate the insurance policies we carry to protect our companies from unexpected loss. While none of us fully understand the extent of what the current…READ MORE
Author: 04/13/2020
COVID-19 closures, stay-at-home orders, and governmental restrictions are wreaking havoc on otherwise happy business relationships. Meeting monthly payment obligations is one major concern facing all parties as the calendar turns to April without an end to the pandemic crisis. Businesses might also encounter difficulties reaching other deadlines or touchstones in a timely and complete manner….READ MORE
Author: 04/02/2020
Coronavirus (Covid-19) is sure to quickly take its toll on commercial leasing for both Landlords and for Tenants. Tenants may be asking questions like: How can I pay base monthly rent without any customers? Should I be obligated to pay triple-net expenses when services are suspended? What is the impact of government regulations on operations?…READ MORE
Author: 03/20/2020
In the last two years, businesses and professionals in Maryland and Washington, D.C., have had to quickly pivot to avoid the negative economic impacts of completely unexpected events outside of their control. First, there were tariffs and trade restrictions, followed quickly by the Coronavirus global pandemic. How can you give your contracts additional strength before…READ MORE
Author: 03/18/2020
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: 02/25/2020
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 online vacation rental website, you’d better make sure that you have the legal…READ MORE
Author: 10/31/2019
The Federal Housing Administration (“FHA”) released new guidelines for its project approval process for condominiums, which will go into effect on October 15, 2019. These new guidelines are meant to streamline the process and make it easier for certain credit-worthy homebuyers to obtain FHA financing. Currently, for a homebuyer to be eligible for an FHA-insured…READ MORE
Author: 09/22/2019
Applicants for building permits for new development in Montgomery County are generally subject to County “Impact Taxes”. These impact taxes are for transportation and education impacts and are designed to defray the impact that new residents will have on the demand for schools and transportation infrastructure. These impact taxes can cost tens (or even hundreds)…READ MORE
Author: 06/28/2019
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: 05/23/2019
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
Author: 05/06/2019
Most developers and builders of homes in residential subdivisions and condominiums know they must provide purchasers with certain disclosures at the time of contract and they prepare such disclosures for their initial sales. But many forget to update or amend their disclosures as the development progresses and information in the initially prepared disclosures changes over…READ MORE
Author: 02/27/2019
Montgomery County Council adopted new and revised Zoning Ordinance regulations making it easier to secure permits for an accessory apartment unit for most agriculturally or residentially zoned properties. Under the revised County Zoning Ordinance, homeowners who previously would have been subject to a conditional use process to secure “Attached Accessory Apartment” or “Detached Accessory Apartment”…READ MORE
Author: 10/22/2018
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: 09/26/2018
Have you received a notice in the mail from a company advising you to purchase coverage for the water and sewer pipes on your property? Many homeowners do not realize that any damage to the water and sewer lines that run from their home to the water and sewer connections in the public right-of-way are…READ MORE
Author: 08/06/2018
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,…READ MORE
Author: 11/24/2017
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…READ MORE
Author: 06/26/2017
Your community association may now be liable for the discriminatory actions of residents who harass or create a hostile environment for other residents. A new HUD regulation that went into effect on October 14, 2016 places new burdens on condominiums and community associations, which should take steps to protect themselves. This is a scary proposition…READ MORE
Author: 01/26/2017
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
Author: 09/19/2016
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…READ MORE
Author: 03/16/2016
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
Author: 01/27/2016
Click the underlined link to review the Memorandum. I welcome you to contact me with any questions you have by phone or e-mail.
Author: 01/13/2016
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…READ MORE
Author: 12/21/2014
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…READ MORE
Author: 09/03/2014
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: 04/07/2014
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:…READ MORE
Author: 12/06/2013
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
Author: 09/24/2013
“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…READ MORE
Author: 07/01/2013
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…READ MORE
Author: 05/15/2013
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…READ MORE
Author: 03/01/2013
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,…READ MORE
Author: 01/21/2013
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…READ MORE
Author: 09/28/2012
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
Author: 07/18/2011
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
Author: 04/07/2011
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…READ MORE
Author: 01/27/2011
A landlord must be prepared to protect its rights as soon as it receives notice that its tenant is in bankruptcy. The Bankruptcy Code provides tenants in bankruptcy with the right to either reject or assume leases. This is a powerful right that can have a significant affect on a landlord that is not keeping…READ MORE
Author: 09/24/2010
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…READ MORE
Author: 08/25/2010
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
Author: 06/16/2010
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…READ MORE
Author: 01/25/2010
