Stripping Community Association Liens in Bankruptcy: Is Your Community at Risk?
As the housing market continues to slowly recover from the foreclosure crisis in Michigan, and other areas of the country, many community associations are still facing significant challenges with unit...
View ArticleSix Major Revisions to the Michigan Nonprofit Corporation Act: Should Your...
In Michigan, two primary statutes govern the affairs of a condominium association: the Condominium Act and the Nonprofit Corporation Act. The last major revisions to the Nonprofit Corporation Act took...
View ArticleLake Associations Beware: Access Lots Pose Liability Issues
Lake associations often have control of lots which permit lake access by back-lot owners. Those lots are typically undeveloped, overgrown and only sporadically maintained. Most lake associations are...
View ArticleCondominiums and Renters: Does Your Condominium Association Need a Rental Cap?
With the exception of vacation condominiums or condominium hotels, residential condominiums are created with the intention that the co-owners will be owner occupants. However, the glut of foreclosures...
View ArticleMarijuana in Condominiums: Nuisance and Legal Consequences
Until recently, many co-owners were concerned about secondhand smoke issues relating to tobacco products in the condominium project and how to limit its impact and/or eliminate the smoke entirely....
View ArticleReligious Freedom and Community Associations: How does the Religious Freedom...
In 1993, the federal government enacted the Religious Freedom Restoration Act (“RFRA”). The purpose of the RFRA was to allow a person to avoid complying with any law that interfered with the exercise...
View ArticleIs Your MI Condo Assn. Prepared to Handle a Co-owner’s Request to Inspect Its...
In Michigan, MCL 559.157 requires that the “…books, records, contracts, and financial statements concerning the administration and operation of the condominium” be available for examination by the...
View ArticleHow Recent Changes to Periodic Garnishments in Michigan Affect Condominium...
The Board of Directors for condominium associations are often faced with delinquent co-owners who fail to pay assessments or fines. Typically, the Association seeks voluntary compliance with the...
View ArticleCondominium Associations and Solar Panels: How to Hanlde a Co-owner Request...
Michigan is working to make alternative energy, such as solar, financially feasible for all its residents. Michigan’s Property Assessed Clean Energy (PACE) financing law, Mich. Comp. Laws § 460.931...
View ArticleSeven Instances When a Michigan Condominium Association Requires Mortgagee...
The Michigan Condominium Act, MCL 559.101, et. seq., contains various provisions related to the manner in which a condominium association may amend its master deed, bylaws and condominium subdivision...
View ArticleFacially Neutral Bylaws/Rules/Regs May Subject an Association to Liability...
On June 25, 2015, the United States Supreme Court decided Texas Dep’t of Housing and Community Affairs v. Inclusive Communities Project, __ US __ (2015), a decision that affects community associations...
View ArticleLandlords and condo associations can’t deny certain animals
It’s not uncommon for an apartment building or condominium association to have a “no pets” policy in place, but not all animals can be turned away under these policies. Read the article…….
View ArticleDoes the Board Have a Duty to Enforce the Master Deed, Bylaws…..As Written?
In Michigan, the terms of a master deed, bylaws or other restrictive covenants are contractual in nature. See Rossow v. Brentwood Farms Dev, Inc, 251 Mich App 652, 658, 651 NW2d 458 (2002). The...
View ArticleWhen and How to Amend Your Michigan Condominium Documents (Part One: When to...
Michigan condominium associations are governed by various documents: the Articles of Incorporation, the Master Deed, the Condominium Bylaws, the Association (Corporate) Bylaws and any Rules and...
View ArticleWhat can and can’t I do in my homeowners association?
Homeowners associations are generally referred to as community associations or common interest communities – terms that include residential subdivisions and condominium developments. The common thread...
View ArticleWhen and How to Amend Your Michigan Condominium Documents (Part 2: How to Amend)
Part One of this two-part series addressed when an association should amend its Michigan condominium documents. Part Two addresses the legal and practical considerations of how to amend your Michigan...
View ArticleCondominium and Planned Unit Developments in Michigan: Creating the Potential...
Michigan utilizes a variety of land use laws and the delegation of certain authority to local governments to regulate the development and use of land while also fostering creativity and innovation...
View ArticleDifferences Between an Additional Assessment and a Special Assessment….....
As many new condominium co-owners are aware, the general operations of a condominium association are funded through annual assessments. MCL 559.169 sets forth the requirements for imposing assessments...
View ArticleAccess Denied! . . . Or is it? The Condominium Association’s Right to Request...
An association of co-owners within a condominium project is responsible for enforcing the condominium project’s master deed, bylaws and any rules and regulations. In many instances, the association...
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