2015

Uncategorized December 30, 2015

The Lion in Winter (and Summer, and Fall, and Spring): Summer Resort Associations in Michigan

Introduction As this article is written, the first significant ice storm of winter 2015-2016 has just blown through Michigan leaving icy roads, downed powerlines, and numerous traffic accidents. Of course, this is the perfect time to turn to summer and dream about the potential purchase of a picturesque home sitting on one of Michigan’s beautiful lakes. For many who live in…
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Condo & HOA Insurance December 15, 2015

Water in Your Condominium Unit? What Every Co-Owner and Association Should Know

From personal experience, water intrusion in a condominium unit can be one of the most frustrating and unpleasant experiences a Co-owner may ever experience.  Often, a Co-owner does not know what to do, who to call, whether insurance will cover the loss and what responsibilities the Co-owner and the Association may have.  This article explores some common issues that may…
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Developers November 30, 2015

Michigan Senate Bill 610: A fix to Section 67 of the Michigan Condominium Act (MCL 559.167) or the Creation of a New Set of Problems?

The intended purpose of MCL 559.167 of the Michigan Condominium Act was to create an end date for developing condominium projects in Michigan and prevent incomplete projects that are not only an eyesore but also create numerous practical problems for operating a condominium association.  The current version of MCL 559.167 has been in place for almost fifteen (15) years and…
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HOA Bylaws November 23, 2015

The Impact of Short-Term Rentals on Condominium and Homeowner Associations: To Airbnb or Not to Airbnb?

Many condominium bylaws restrict or otherwise regulate a co-owner’s ability to lease the co-owner’s condominium unit. These restrictions are sometimes imposed as part of an effort to maintain property values, and sometimes to comply with the Federal Housing Administration’s Condominium Project Approval and Processing Guide which requires that at least fifty-one (51) percent of units be owned by owner-occupants. At…
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HOA Bylaws November 16, 2015

Flying an American Flag in your Condominium Project: What Every Co-Owner Needs to Know

Each year on Veterans Day, we honor our men and women in the United States Armed Forces.  As a small token of appreciation, many Co-owners routinely fly the American flag in honor of loved ones who have served or currently serve in the United States Armed Forces.  However, many questions arise regarding the rights and responsibilities of Co-owners when displaying…
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Collections November 14, 2015

Michigan Court of Appeals Rules that Condominium Association is Not Entitled to Notice of Surplus Funds From Foreclosure Sale

In Moon Lake Condominium Association v RBS Citizens, Case No. 323476 (Michigan Court of Appeals, November 12, 2015, unpublished), the Michigan Court of Appeals held that junior lienholders, such as condominium associations, are not entitled to notice that surplus funds were collected from a foreclosure sale after the first mortgage of record was foreclosed on. 
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