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	Comments on: THE MARYLAND HOA COMMON AREA WARRANTY	</title>
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		By: 10-Year Statute of Repose &#38; Maryland Condominium and HOA Construction Defect Claims		</title>
		<link>https://cowielawgroup.com/maryland-hoa-common-area-warranty/#comment-1702</link>

		<dc:creator><![CDATA[10-Year Statute of Repose &#38; Maryland Condominium and HOA Construction Defect Claims]]></dc:creator>
		<pubDate>Fri, 02 May 2025 12:28:32 +0000</pubDate>
		<guid isPermaLink="false">https://cowiemott.com/?p=3776#comment-1702</guid>

					<description><![CDATA[[&#8230;] Maryland’s 10-Year Contractor Statute of Repose only applies to causes of action that are governed by Maryland’s general 3-year statute of limitations (CJ §5–101) under which there can be delayed accrual of a cause of action under the discovery rule. This encompasses all civil causes of action which do not have a specified statutory time period within which a cause of action must be filed in court. For example, in a construction defect case, a claim for negligent construction would be governed by the general 3-year statute of limitations under CJ §5–101 because there is no other statute that’s specifies a time within which a claim for negligent construction can be brought. On the other hand, statutory warranty claims under the Maryland Condominium Act, Section 11–131, the Maryland Homeowners Association Act, Section 11B–110 are not governed by Maryland’s general 3-year statute of limitations (CJ §5–101) because they have their own specified statutory time period within which a claim must be pursued. As such, the concept of  “accrual” and the discovery rule does not apply. For a discussion of statutory warranties that apply to condominiums and HOA, see, Condominium Construction Defect Warranties in Maryland and The Maryland HOA Common Area Warranty. [&#8230;]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] Maryland’s 10-Year Contractor Statute of Repose only applies to causes of action that are governed by Maryland’s general 3-year statute of limitations (CJ §5–101) under which there can be delayed accrual of a cause of action under the discovery rule. This encompasses all civil causes of action which do not have a specified statutory time period within which a cause of action must be filed in court. For example, in a construction defect case, a claim for negligent construction would be governed by the general 3-year statute of limitations under CJ §5–101 because there is no other statute that’s specifies a time within which a claim for negligent construction can be brought. On the other hand, statutory warranty claims under the Maryland Condominium Act, Section 11–131, the Maryland Homeowners Association Act, Section 11B–110 are not governed by Maryland’s general 3-year statute of limitations (CJ §5–101) because they have their own specified statutory time period within which a claim must be pursued. As such, the concept of  “accrual” and the discovery rule does not apply. For a discussion of statutory warranties that apply to condominiums and HOA, see, Condominium Construction Defect Warranties in Maryland and The Maryland HOA Common Area Warranty. [&#8230;]</p>
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