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Legal Update: House Bill 4861 (2015): Only Resident Co-owners Would Be Eligible for the Board of Directors

On September 10, 2015, representative Michael McCready introduced House Bill 4861, which would modify the Condominium Act, MCL 559.101, et. seq.  Importantly, the major change to the law would be the addition of the following new Section 52(5):

(5) An individual is not eligible to be elected to the Board of Directors by nondeveloper co-owners unless the individual is a resident co-owner and certifies in writing that he or she is familiar with this Act and the Condominium Master Deed and Bylaws.

Later that same day, the proposed bill was referred to the Committee on Local Government.  Michigan condominium associations should be aware of this proposed change in the law including 1) only resident co-owners would be eligible for the Board of Directors and 2) the new certification requirements to be elected to the Board of Directors.  Our law firm will be monitoring this proposed bill throughout the legislative process.  If you have any questions regarding this potential new change in the law or any other condominium issues, please contact our office.

The team at Hirzel Law, PLC is composed of award-winning real estate attorneys that can offer quality representation for Michigan clients. Regardless of if you are a commercial real estate developer or individual homeowner, our real estate attorneys can help. We fully understand how unique and complex the challenges that our clients may face, and our real estate attorneys are prepared to help in whatever way necessary. Contact Hirzel Law online or call 248-986-2921 (Farmington) or 231-486-5600 (Traverse City) or 616-319-9964 (Grand Rapids) to learn how our Michigan real estate lawyers can help protect your Michigan real estate investment today.

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