Condominium associations are solely dependent upon the collection of assessments from their members for their survival and to purchase and provide the goods and services necessary for the maintenance of the project for the benefit of its members. Thus, when a Co-owner files for bankruptcy, there is an understandable feeling that all is lost. However, that is not always the…
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As the weather becomes warmer here in Michigan, many homeowners or co-owners undergo the yearly “Spring Cleaning.” Unfortunately, many condominium associations in Michigan face co-owners, tenants or residents who do not maintain the same sanitary living space as their neighbors. At the extreme, hoarders may fill units and/or limited common elements with debris, combustible material, food or other unsanitary or…
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Introduction A well-run condominium can be thought of as having two components: (1) physical assets, which are the buildings, structures, and grounds on which the condominium is located; and (2) financial assets, which are the funds necessary to maintain the condominium’s physical assets. So long as the financial assets are adequate to meet the maintenance needs of the physical assets,…
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In Liss v. Lewiston–Richard Inc, 478 Mich. 203; 732 NW2d 514 (2007), the Michigan Supreme Court held that a residential home builder was exempt from compliance with the Michigan Consumer Protection Act, MCL 445.901 et seq. The Michigan Supreme Court reasoned that MCL 445.904(1)(a) exempted homebuilders from compliance with the Act as they were specifically authorized to build homes under…
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In early 2015, the Michigan Legislature made significant changes to the Michigan Nonprofit Corporation Act, MCL 450.2101, et seq. On March 4, 2016, Kevin M. Hirzel, Esq., Chairman of the Legislative Action Committee for CAI’s Michigan Chapter, will present on how the changes to the Act impact community associations in Michigan. Mr. Hirzel’s presentation will take place between 11:15 A.M. to 12:00…
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The Michigan Court of Appeals recently made the following significant rulings that impact Michigan Homeowners’ Associations in Conlin v Upton, Michigan Court of Appeals Docket No. 322458 (November 24, 2015) (Published Opinion): The absence of an amendment provision in the original declaration of restrictions for a subdivision precluded a HOA from later amending its declaration with less than unanimous consent…
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