Brian D. Bichy, Real Estate Attorney in Bethesda, Maryland

Brian D. Bichy is a Shareholder in the firm’s Condo/HOA Practice Group as well as the Group’s Chair. He represents developers in creating residential and mixed-use projects in Maryland and Washington, D.C. In this capacity, Brian drafts governing documents, easements, restrictive covenants, and other legal instruments, and helps ensure compliance with jurisdictional requirements. Brian assesses each client’s needs on an individual basis to provide customized, creative solutions for every project and ensures developers have the maximum flexibility to market and develop the project. Furthermore, he has experience in creating land condominiums and other condominium structures to allow for subdivision, financing and cross easements and cost-sharing arrangements. Brian also represents condominiums, cooperatives, and homeowners’ associations of various sizes throughout Maryland and the District of Columbia. He is a leading authority on private water and sewage charges in Maryland.

For community associations, Brian provides general legal services that assist boards of directors in operational and administrative issues, including drafting amendments and board resolutions, contract review, collecting assessments and review of compliance with the association’s governing documents and applicable local and state laws. He prides himself on adding value for clients, guiding board members toward resolutions, and proactively finding avenues to avoid litigation when possible. Brian has successfully represented community associations in front of the Montgomery County Commission on Common Ownership Communities (CCOC), Maryland State Human Relations Commission, and other administrative bodies and local trial courts in both Maryland and Washington, D.C.

In addition to his experience before the Montgomery County CCOC, Brian also regularly interacts with the District of Columbia’s Department of Consumer and Regulatory Affairs and Maryland Secretary of State’s office for condominium registration. He is well-versed in the laws and regulations relevant to his practice, including the Maryland Condominium Act, Maryland Homeowners Association Act, D.C. Condominium Act, federal fair housing laws, and deferred water and sewer charges laws in the State of Maryland and Prince George’s, Anne Arundel, and Baltimore counties. He also helps clients create and sell private water and sewer charges in Maryland, and has served as a key witness in litigation over the validity of the private water and sewer declarations and accompanying priority liens.

Brian is an active leader in his field. He has been a featured author for Quorum, the publication of the Washington Metropolitan Chapter of Community Associations Institute. He is a member of the D.C. Legislative Action Committee, which passed amendments to the D.C. Condominium Act in 2014, and serves as a member of the Maryland Legislative Committee, where he helps create and monitor local and state legislation affecting community associations. He is also a visible member of his community, serving nine years as a member of the Board for the Catholic Youth organization of his son’s prior school, St. Jane De Chantal School. His son graduated from St. John’s College High School in 2023 and is currently enrolled at Virginia Tech, playing rugby.

Significant Projects

• Prepared townhouse condominium documents, Public Offering Statement and registration for the Vista Gardens West Townhouse Condominium and Westridge Townhouse Condominium located in Prince George’s County, Maryland
• Prepared master property association documents for the Gateway Square Master Property Owners Association, a mixed-use community in Prince George’s County, Maryland
• Prepared master homeowners’ association documents, water/sewer declaration for The Fairways at Glenn Dale project
• Prepared water/sewer declaration and negotiated annexation and assignment documents for Westphalia East project
• Prepared condominium documents for Sunset Island Marina Condominium, a marina project in Ocean City, Maryland, consisting of condominium units
• Prepared master homeowners’ association documents, water/sewer declaration, and condominium documents for The Ridges at Landover Metro, a residential project in Landover, Maryland, consisting of townhouses, townhouse condominiums, and 2-over-2 condominiums
• Prepared master homeowners’ association documents and water/sewer declaration for Glenn Dale Crossing, a residential project in Glenn Dale, Maryland, consisting of single-family detached homes, townhouses, and condominiums
• Prepared land condominium documents, master homeowners’ association documents, water/sewer declaration, and condominium documents for The Residences at Wildewood, a residential project in California, Maryland, consisting of condominiums

Articles

• “What are Maryland developers’ responsibilities for condo and homeowners associations amid legislation changes?” Washington Business Journal, August 1, 2024; published as “Understanding Mandatory Reserve Requirements in Maryland,” SelzerGurvitch.com, August 9, 2024
• “D.C. Condominium Act is Amended — Impact to Standards and Procedures Related to the Developer’s Warranty Bond,” SelzerGurvitch.com, May 5, 2023
• Quoted in “What P3 Developers Should Know About the Advantages of Land Condos,” Washington Business Journal, November 1, 2022
• “Recent Maryland Legislation Impacting Community Associations,” SelzerGurvitch.com, October 13, 2022
• “Maryland Court of Appeals Agrees to Hear Case that May Affect Private Water and Sewer Charges,” SelzerGurvitch.com, July 12, 2022