A condominium or homeowner association should enforce the master deed, bylaws or other restrictive covenants according to their plain language.
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In order to avoid the potential for liability, it is important that an association periodically review its bylaws, and its rules and regulations in order to ensure both that its policies are facially neutral, and that the implementation of facially neutral policies does not adversely impact a protected class.
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Given the 2001 and 2002 amendments to the Condominium Act, condominium associations should be aware of the seven circumstances that require mortgagee approval in order to amend Condominium Documents.
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It is important for the Board of Directors for the Association to continually review the Association’s receivables and aggressively pursue the collection of any delinquent accounts.
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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 co-owners at convenient times. In Michigan, the Michigan Condominium Act, 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…
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Given that religious freedom in community associations is a rapidly evolving area of the law, community association boards should consult with legal counsel when enacting and/or enforcing bylaws or ruling that could impact the religious beliefs of co-owners.
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