Legal Question in Civil Litigation in Maryland

1- At what point do you become responsible for condominium fees if you are the first occupier of a multiple unit, dwelling that is designed as condominium?

2- It is important to have a governing body, before you are officially considered a condominium?


Asked on 9/07/10, 8:24 am

1 Answer from Attorneys

Phillip M. Cook Cook Legal Services, LLC

Typically, the developer of the condo will be the "governing body". The developer typically does so by organizing a non-profit LLC (for instance, "Hillside Lakes Condominium Association, LLC") and naming itself as the sole member of the board of directors. As the sole member of the board of directors, the developer usually has the right to levy assessments (aka "condo fees") the minute you close on your unit. The developer is also likely required to hold annual meetings of the unit owners wherein he will be required to disclose the next year's annual budget, etc. The developer will eventually turn control of the board of directors of the Association over to the unit owners according to the terms of the Declaration of Condominium the developer filed in the land records -- typically upon the passage of time and/or the sale of a certain number of units.

Best of luck.*******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 9/12/10, 10:00 am


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