Legal Question in Real Estate Law in Maryland
I live in a group of 7 townhomes in Montgomery County Maryland (Germantown) and we have just been told that our main breakers (made by Federal Pacific) have to be replace because they are defective. We have been given 90 days to have the work done or the country master electrican and fire marshall will condem our properties. I also belong to a Homeowners assoc. and wanted to know if there was any assistance either the county, state, or homeowners association could offer to offset the cost of replacement?
1 Answer from Attorneys
Whether your homeowner's association is required to foot the bill, or whether the individual townhome owners are required to foot the bill, depends ENTIRELY on the terms of the Declaration that govern the community. You were likely given a copy of the Declaration when you closed on your townhome. If you don't have a copy, your property manager or HOA board can provide you one. The Declaration should also be filed in the public/county land records, so you can always go down to the Courthouse and look at it if need be.
You will likely not receive any help from the County or State. I'm not sure how much the replacement will cost, but if it's more than you and your neighbors can handle, I would seriously consider hiring an attorney ASAP, who can go to court and obtain an "injunction" against the County. The "injunction" is simply a Court order that would prevent the county from condemning your homes until you are able to sort the situation out. For instance, if Federal Pacific originally installed the breakers and they were defective, you may be able to force Federal Pacific to make the repairs.
Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******