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.

 

Joe Wloszek is a Member of Hirzel Law, PLC where he focuses his practice on condominium and homeowner’s association law, commercial litigation, commercial real estate, large contractual disputes, and related real estate matters. Mr. Wloszek has been a Super Lawyers Rising Star in Real Estate Law from 2013-2018, an award given to only 2.5% of the attorneys in Michigan each year.  He was also named a Top Lawyer in commercial law by DBusiness Magazine in 2014, a Michigan Top Lawyer in real estate law by Michigan Top Lawyers in 2016 and the Pro Bono Volunteer Attorney of the Year in 2014 by Michigan Community Resources.  He is a Certified Real Estate Continuing Education Instructor through the State of Michigan and the past Chair of the Oakland County Bar Association Real Estate Committee.  He can be reached at (248) 478-1800 or jwloszek@hirzellaw.com.