Tuesday, March 26, 2013

About to testify in support of S.B. 1062

So here I am in Maryland, getting ready to testify before the Judicial Proceedings Committee of the Maryland State Senate in support of S.B. 1062, summarizes as follows:

"Prohibiting a governing body of a homeowners association or council of unit owners of a condominium from demanding, collecting, or seeking to recover attorney's fees from a lot owner or unit owner unless the amount of the attorney's fees is reasonable in relation to the amount in controversy or the nature of a specified violation; establishing that, in a specified action against a lot owner or unit owner, there is a specified rebuttable presumption that attorney's fees sought are reasonable; etc."

The bill is sponsored by Sen. C. Anthony Muse, whose district is in Prince George's County.

1 comment:

IC_deLight said...

Uh...hope you are opposing the bill.
This is a pro-industry bill. The first part appears good but the problem is the second part which pretty much eviscerates any good that the first part might have done.

The bill establishes a presumption that the fees demanded by the attorney are reasonable. How about "the HOA can't ever get attorney fees" or "the homeowner shall get his/her attorney fees if the homeowner prevails".