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Maryland Condominium Buyers Beware of This Change

By
Real Estate Agent with Long & Foster Real Estate, Inc.

The rules changed on June 1 for condominium unit owners and associations in the Greater Crofton area and throughout Maryland.

Until then, condo associations were responsible for upkeep and structural repairs to both the common elements and units, while unit owners were responsible only for personal property within their units.

A copy of the master insurance policy was provided to unit owners at the time of purchase, along with other condo documents, so unit owners would know the extent of the association's insurance coverage and they could purchase supplemental insurance accordingly.  That's no longer the case.

Plumber

 

The new law (HB 287) has two requirements you should know about:

1.  Condo associations must maintain property insurance on the common elements and units, but NOT any upgrades or replacements made by unit owners. 

2.  Unit owners are now responsible for any damage that originates in their own unit, up to the $5,000 deductible of the association's master policy. 

How does this affect you, a Maryland condo owner?  Let me give you some examples: 

  • If a broken pipe in your unit causes water damage in your unit, another unit or the common elements of the condo, you will be held responsible. 
  • Should a fire begin in your unit and spread to other parts of the building, you will be liable up to the $5,000 deductible of the association's master insurance policy.

Maryland condo buyers will be notified of this obligation at the time of initial or resale purchase AND condo associations will provide written reminders to unit owners annually.  (Agents, take note of this and be sure to use the new condo forms provided by MAR or your local association whenever you sell a condo.)  A Maryland condo buyer who does not receive this notice may terminate his/her purchase contract.


How will Maryland condo owners cope with this new responsibility?

I'm not an insurance expert, so let me defer to local real estate attorney Benny L. Kass.  He indicates that the answer lies in a condo owner's own insurance policy.  He suggests you obtain an HO-6 policy from your favorite insurance company because it will cover any personal losses and supplement the condo association's master policy.

If you're new to Maryland and don't have a local insurance agent, check with one of these agents in the Greater Crofton area for more information:

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Margaret Woda's blog footnoteMargaret Woda is a licensed Associate Broker in Crofton Maryland.  She specializes in serving the real estate needs of home owners and home buyers in Anne Arundel, Howard and Prince George's Counties, Maryland, including Fort Meade, Andrews AFB, and the U.S. Naval Academy.  If you enjoyed reading this post, check out Focus On Crofton and Your Online Relocation Package for Anne Arundel County.  

 

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This infoMargaret Wodarmation was provided to you by Margaret Woda, an Associate Broker with Long & Foster Real Estate in Crofton Maryland. Contact Margaret today for general real estate information or to learn how she can help you buy or sell a home in Annapolis, Bowie, Crofton, Davidsonville, Gambrills, and Odenton. 

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Comments(25)

Patricia Aulson
BERKSHIRE HATHAWAY HOME SERVICES Verani Realty NH Real Estate - Exeter, NH
Realtor - Portsmouth NH Homes-Hampton NH Homes

Hmmm, this is interesting. I've not heard anything of this in seacoast NH area.

Patricia Aulson/portsmouth nh real estate

Jun 21, 2009 01:29 AM
Mary Yonkers
Alan Kells School of Real Estate/Howard Hanna Real Estate - Erie, PA
Erie/PA Real Estate Instructor

Margaret--good points to know as I am sure that the other states like PA will follow shortly.

Jun 21, 2009 01:44 AM
Thom Abbott
MyMidtownMojo.com |770.713.1505 | Intown Atlanta GA Condo Living - Atlanta, GA
Midtown Atlanta GA Condos For Sale

Margaret!  What a great post, and so right up my alley, considering about 90% of my listings and sales have been condos. I can't speak for all parts of the country, but can tell you how it works here.

Most of our condo buildings now require the owner to submit proof on an annual basis of their homeowners insurance. Failure to do so by a certain date, results in fines that are added to your mnthly HOA dues you already pay. Some buildings, if this requirement is not met, can "turn off" your access to common elements (parking, pool, gym, clubhouse) until you bring your HOA account up-to-date, including paying the fines.

I also believe (but stand to be corrected) that you can get an additional rider on your policy to cover the deductible on the Master Policy of the Association.

It's also VERY, VERY important that you make sure any contractors you hire have insurance as well. Last year a contractor working in our building ruptured a water pipe on the 12th floor that flooded numerous homes all the way down to the 7th floor! The homeowner could of been liable for this damage (or his insurance company) had the contractor not had the proper insurance.

Another point that is very important for condo owners to understand if you live in a building that DOES NOT require insurance. (That's a scary thing in and of itself.) If a building were to burn down, for example, the HOA insurance will pay to rebuild the common areas of the building, up to your front door. From the inside, you (or your insurance company) would be responsible for all your personal belongings, as well as the interior of your condo (i.e. appliances, cabinets, counters, electrical wiring, toilet, shower, tub, doors, carpet, etc.) Pretty costly if you don't have insurance.

The same goes for renters. Any clients I work with on rental property, we require the tenants to have renter's insurance to cover their own personal items in case of some type of accident.

Insurance. An necessary evil!

Jun 21, 2009 01:59 AM
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

Margaret, it is great that you are conscientious enough to keep up with important changes. So many times changes like this won't come up until closing, or after closing when it is too late.

Jun 21, 2009 02:00 AM
Margaret Woda
Long & Foster Real Estate, Inc. - Crofton, MD
Maryland Real Estate & Military Relocation

Thom, I'm so glad you added this perspectivel regarding condos in Mid-town Atlanta Georgia.  I hope this inspires a new post for your local blog!

Joe, The information is published on the public site of the Maryland Association of REALTORS, but things change so often that it's easy to overlook changes like this - especially if one's broker doesn't stay informed and keep agents notified.

Mary and Patricia - HO-6 insurance covers things like vandalism, theft, personal liability, and damage from any source within one's own condo unit.  I think it's something ANY condo owner should consider buying, even if this law were not in effect.

 

Jun 21, 2009 02:35 AM
Bill Gassett
RE/MAX Executive Realty - Hopkinton, MA
Metrowest Massachusetts Real Estate

Good information Margaret. I am surprised there is nothing else online about this kind of change.

Jun 21, 2009 03:04 AM
Margaret Woda
Long & Foster Real Estate, Inc. - Crofton, MD
Maryland Real Estate & Military Relocation

Bill - That's why I finally posted about it.  If a consumer is doing a google search to learn more information about new condo disclosure requirements (as you pointed out, not readily available), hopefully they'll find my post helpful.

Jun 21, 2009 05:31 AM
Fernando Herboso - Associate Broker MD, & VA
Maxus Realty Group of Samson Properties - Clarksburg, MD
301-246-0001 Serving Maryland, DC and Northern VA

Margaret:  Thank you for bringing this important information to the front. .very usable for me since I'm also in Maryland

Jun 21, 2009 05:46 AM
Rebecca Gaujot, Realtor®
Lewisburg, WV
Lewisburg WV, the go to agent for all real estate

I am trying to sale my condo in Arlington VA on Lee Highway/Spout Run Parkway.  I am going to check this out first thing Monday to see if Virginia has changed. thanks for the heads up.

Jun 21, 2009 06:18 AM
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

Great advice!  Condo insurance is relatively inexpensive (at least in my area).  I had water damage to my lower unit (a rental) from a unit 2 flights above mine.  The woman did not have insurance, although at that time it would have cost her $35/month!  So I was left with the tab.  I had insurance, and the renter had renter's insurance. 

Thanks for posting this because it keeps us all on the ball!

Jun 21, 2009 07:00 AM
Marney Kirk
Cummings & Co. Realtors - Towson, MD
Towson, Maryland Real Estate

Margaret, this is excellent information. Thank you for sharing! I would hope most condo owners would get their own insurance but need to make sure they are fully covered. A great opportunity to touch base with our condo owner clients! Thank you!

Jun 21, 2009 07:12 AM
Hannah Williams
HomeStarr Realty - Philadelphia, PA
Expertise NE Philadelphia & Bucks 215-820-3376

Margaret..Oh boy..more problems..I know on new condo mortgages buyers must have policies..thanks for infotweet

helpfulhannah

Jun 21, 2009 07:26 AM
Elizabeth Cooper-Golden
Huntsville Alabama Real Estate, (@ Homes Realty Group) - Huntsville, AL
Huntsville AL MLS

Margaret,  This is great information and so important.  Thankfully, there are great agents like you to bring this info to their attention!  As mentioned above, many agents have NO clue and the buyers are stuck after closing.  Great job!

Jun 21, 2009 09:20 AM
Keith & Shannon French
www.KeithandShannonFrench.com - Catonsville, MD
Baltimore's Best for Rent To Own Homes

Thanks for the great information in this post.  I'm with Thom & Ray...Insurance as a necessary evil!  Don't forget to get as much liability on your policies, too!  We are quite the litigious people!

Jun 21, 2009 09:56 AM
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

Margaret--great information that I was NOT aware of!  Thank you so much for bringing it to my attention so that I can do a little NC research!

And, Thom, you should have just written your own post!!  LOL

Debe in Charlotte

Jun 21, 2009 11:21 AM
An Marshall
Berkshire Hathaway - St. Augustine - Saint Augustine, FL
Your St Augustine Real Estate Consultant

How well do these new changes get communicated to the public? 

Jun 21, 2009 12:26 PM
Margaret Woda
Long & Foster Real Estate, Inc. - Crofton, MD
Maryland Real Estate & Military Relocation

Fernando, I'm curious - Have you heard much about this?  I hadn't... 'probably should have been better about attending office meetings...

Rebecca, I have no idea if any other state has gone to this, but I do think HO-6 insurance is a good thing for any condo unit owner to buy.

Carla, It sounds like your Association wasn't paying for this... that you had to.  Thank goodness for your insurance!

Marney, You're right - it is a good excuse to touch base with clients.

Hannah - I just read that earlier today in my company newsletter.  Some lenders are requiring it.

Elizabeth - This is a Maryland thing, so I wouldn't assume it is in other states... although I'm sure it's coming!

Shannon - Good point!

Debe - I'm sure he will, but this was good info on another state and I don't mind at all.

Jun 21, 2009 12:29 PM
Linda Greco Rich, ABR, SRES
Exit Preferred Realty - Bel Air, MD
Harford County Specialist

I will make sure I let all my buyers who are looking at condos know this! Thanks, Margaret. Time got away from us....we'll have to plan our lunch in September.

Jun 22, 2009 02:34 AM
Matt Listro
National Credit Fixers - Matt Listro - Vernon, CT
Your Credit Repair Expert

Hi Margaret: This is a major change - wow - thanks for bringing it to my attention!

:)

Jun 22, 2009 02:35 AM
Michael Lee
Frog Realty - Tallahassee, FL

Excellent post.  This is what being a local expert is all about!

Jun 22, 2009 03:19 PM