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  • March 1, 2023

THE FIVE MOST IMPORTANT TERMS A HOTEL OWNER CAN NEGOTIATE IN A FRANCHISE AGREEMENT

A franchise agreement may be the most important document a hotel owner negotiates.  A good relationship with the franchisor is at the core of a successful and profitable hotel business venture, and the franchise agreement is the foundation of that relationship. The franchise agreement is an extensive and detailed agreement.  It can often seem incomprehensible and intimidating to the potential franchisee.  There is often a perception that what the franchisor presents is fixed and non-negotiable.  However, a careful review and well prepared objections can often get an owner a better deal.  This article details the five most important terms that…

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  • January 24, 2023

FSB CHURCH LAW GROUP LEADS EFFORT TO SAVE THE HISTORIC BETHESDA MEETING HOUSE

The Bethesda Meeting House is one of the most historic churches in Maryland.  It is on the National Register of Historical Places and was originally the home of the Bethesda Presbyterian Church which was founded in 1746.  The church was built in 1820, and then restored after a fire in 1849.  A mance was constructed on the site in 1851 as the residence for its pastor, and later expanded into a parsonage.  In 1872, the community which had grown up around it was formally named Bethesda because of the Bethesda Meeting House. But the building has fallen into disrepair in…

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  • December 27, 2022

Summary Ejectment (Failure to Pay Rent) Baltimore City Procedures

The Summary Ejectment procedure in Baltimore City is designed to protect a landlord by quickly recovering the property when a tenant does not pay rent.  But the specific procedures must be followed specifically, or the process will be long and ineffective rather than summary and efficient. When a tenant fails to pay rent, the landlord can bring an action for repossession of the property in the District Court in which the property is located, or what is known as a “summary ejectment action.” See Md. Code Ann, Real Prop. §8-401; see also Balt. City. Pub. Local Laws §§ 9-1–9-8. This…

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  • December 1, 2022

NEW MARYLAND STATUTES TAKE EFFECT REGARDING CONDOMINIUMS AND COMMUNITY ASSOCIATIONS

The 2022 session of the Maryland legislature saw the passage of several bills applicable to condominium and community associations. These laws took effect on October 1, 2022, and will impact the operations of these associations going forward.  This article discusses four of these laws: (1) Dispute/Settlement Hearings: (2) Reserve Studies; and (3) Reserved Parking for Electric Vehicles; and (4) Certain Disclosures from the Board to Owners. Dispute Settlement/Hearings.  There are now new procedural requirements that a condominium or community association must follow prior to the imposition of sanctions against any owner, for violations occurring after October 1, 2022. Under the…

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  • November 9, 2022

MARYLAND SAVES PROGRAM LAUNCHES — OFFERS FEE WAIVER FOR EMPLOYERS WHO REGISTER OR CERTIFY EXEMPT STATUS BEFORE DECEMBER 1, 2022

On September 15, 2022, the MarylandSaves program launched state-wide. The program was established by the Maryland Small Business Retirement Savings Board following the passage of Senate Bill 1007 during the 2016 Regular Session of the Maryland General Assembly. This legislation added Title 12 to the Labor and Employment Article of the Maryland Code and tasked the Board with assisting employees who do not have access to an employer–offered savings arrangement to initiate an individual retirement account. Employers meeting the following criteria must provide employees with a state-sponsored retirement savings plan: Have at least one W-2 employee; Pay employees through a…

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  • October 4, 2022

THE BUSINESS BUYER’S BEST FRIEND: The Section 338(h) Election

Every purchase and sale of a business is structured as either a sale of assets or a sale of equity (stock or membership interests).  In an asset sale, the buyer usually creates its own company and purchases the assets (including equipment, inventory, accounts, and intangible goodwill), while the seller takes cash into its existing company and liquidates it.  In an equity sale, the buyer is purchasing the stock or membership interests of the seller and continuing the existing entity. As a general rule, buyers want to structure the transaction as an asset purchase, while sellers want the transaction to be…

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  • September 15, 2022

New Appellate Case Law Impacts Landlord Licensure in Baltimore City

Baltimore City strictly follows licensure law for landlords of residential housing.  Any landlord who rents out residential housing is required to have a license to do so. Baltimore City Code, Art. 13, §5-4(a)(1). The Code further states that the landlord cannot collect rent from a tenant unless the unit is properly licensed. Art. 13, §5-4(a)(2). To get licensed, the landlord must first complete the online property registration with the Baltimore City Department of Housing & Community Development. Along with the registration, the landlord must also submit a passing inspection report conducted by a State-licensed inspector registered with Baltimore City, up-to-date…

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  • August 16, 2022

FSB WINS ON CHURCH TRANSFER TAXES ISSUE

Maryland and its counties impose transfer and recordation taxes on the transfers of real property.  Sales of property from one religious corporation to another can be subject to such taxes.  But is there a tax imposed when a church disbands, the religious corporation dissolves, and its property is transferred to another institution?  That was the question recently addressed when Baltimore County challenged the recording of a deed transferring a church building upon the dissolution of one church to its chosen successor.   Ferguson, Schetelich & Ballew was legal counsel in this transaction, and secured the transfer of the property with…

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  • June 28, 2022

THE SUPREME COURT CONTINUES TO EXPAND RELIGIOUS FREEDOM

The United States Supreme Court continued its expansion of the right of religious organizations to participate in government benefits with its decision in Carson v. Makin, decided on June 21, 2022.  The case concerned legislation in Maine designed to provide education to children at public expense.  Maine is the most rural state in the nation, with remote geography and low population density.  Less than one-half of the State’s “school administrative units” (“SAU”) operate a public secondary school of its own. Maine has therefore adopted a program so that in any SAU in which there is no public secondary school, the…

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  • June 6, 2022

FSB WINS CERTIFIED QUESTION DECIDED BY MARYLAND COURT OF APPEALS

In a case argued by Peter Basile, the Maryland Court of Appeals has decided a novel question of insurance law.  In a unanimous decision, the Court agreed with the position advanced by Mr. Basile as to the interplay between workers’ compensation insurance and uninsured/underinsured motorist coverage. The case decided by the Court of Appeals is Westfield Insurance Company v. Michael Gilliam.  Mr. Gilliam was injured in an automobile accident and sustained injuries that resulted in almost $243,000 in medical bills. Mr. Gilliam filed a workers’ compensation claim. The workers’ compensation carrier paid approximately $118,000 to satisfy his bills under the…

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