Benjamin J. Andres

Counsel
blank image Benjamin J. Andres

Benjamin J. Andres

Counsel
Columbia T: 301.804.3632
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Benjamin J. Andres

Benjamin J. Andres

COUNSEL
bandres@whitefordlaw.com
COLUMBIA
T: 301.804.3632
Biography
BIOGRAPHY
Mr. Andres has more than a decade of legal experience, including over four years with Whiteford’s Community Associations Industry Group. As Counsel, he represents condominium unit owner associations, homeowner associations, and housing cooperative entities. Mr. Andres provides fiduciary counseling and training to Boards of Directors on issues and disputes, interpretation and compliance with governing documents, member issues and disputes, elections, voting and other day-to-day business operations and procedures.  He reviews and negotiates contracts for various services needed by community associations and assists various clients in Maryland and the District of Columbia with drafting, revising and amending governing documents. Mr. Andres is also active in two chapters of Community Associations  Institute (CAI), the Chesapeake Region and Washington Metropolitan Region.

 

Memberships & Activities

  • Member: Maryland State Bar Association
  • Member: Frederick County Bar Association
  • Member: District of Columbia Bar Association
  • Member: Community Associations Institute - Washington Metropolitan Chapter
  • Member: Community Associations Institute - Chesapeake Region Chapter

Rules and Covenants Enforcement

  • Advises and assists community associations in covenant enforcement, including drafting due process resolutions, attending due process hearings, and litigating covenant violations.


Community Associations Litigation

  • Defense of community associations in discrimination actions, fair housing complaints, breach of contract claims, breach of fiduciary duty claims, environmental claims (mold and smoke) personal injury and tort actions in state courts.
  • Represents condominiums and homeowners association in transition from developer to owner control, including litigation and negotiation of numerous statutory warranty claims in the District of Columbia and Maryland.


Delinquency Enforcement

  • Provides collection and enforcement services for condominiums, homeowners associations and cooperatives throughout Maryland and the District of Columbia, including litigation in state courts, settlements, post-judgment enforcement actions, and foreclosures.

ARTICLES

July 14, 2022

Client Alert: Regulation of Political Signs in Maryland Community Associations

While Associations should generally not be involved in the politics of its members, there is one area where an Association’s role frequently intersects with the broader political climate – yard signs and displays.  As both primary and general elections approach, many Directors, managers, and residents have questioned what can be regulated by their residential Association, and how to know if a stated rule is valid.
June 22, 2021

Client Alert: 2021 Electric Charging Station Legislation for Maryland and The District of Columbia

The use and popularity of electric vehicles is on the rise, and with it, the increased need for electric vehicle charging stations. Both Maryland and D.C. have recently passed legislation establishing standards and guidelines for electric vehicle charging equipment in Community Associations. Although the jurisdictions are addressing the same issue, they have taken very different approaches.  Maryland’s law is modeled after “right-to-charge” laws that have been enacted in several states across the country (including Virginia in 2020). The District, on the other hand, has focused on requiring building owners to accommodate electric vehicle infrastructure in future planning.
August 7, 2020

Client Alert: Reserve Studies and Budgets in Prince George's County

With COVID-19 and its economic impact dominating both news cycles and Community Association agendas, it is important not to lose sight of other developments in the field.  One important development is the passage of Maryland House Bill 254, which will take effect October 1, 2020 and will affect the budgets of Condominiums, Homeowners’ Associations and Co-operatives Housing corporations in Prince George’s County.  HB-254 modifies the Real Property Article and the Corporations and Associations Article of the Maryland Code.
June 17, 2020

Client Alert: Update to Montgomery County Public Pool Policy

Montgomery County, Mayland has set forth a reopening plan that is not only slower than the state as a whole, but that also imposes more stringent regulations. The county has issued advanced notice of what will be required for public pools to operate within the county in 2020. The county’s announcement bulletin regarding all public pools can be found here. The following is a non-exhaustive list of requirements that will be most important and pertinent to Community Association facilities.