March 2017

Bylaw & Covenant Enforcement March 31, 2017

HB 4446 Allows Michigan Condominium Associations to Enforce Restrictions and Defend Lawsuits

HB 4446 will make it easier for condominium associations to enforce routine bylaw violations, collect assessments and defend themselves in litigation. Most co-owners would expect a condominium board to handle routine matters such as bylaw violations, collecting assessments or defending lawsuits, and co-owner apathy should not prevent condominium associations from handling these types of matters.
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Financial Issues, Budgets & Reserves March 29, 2017

Paris Meadows, LLC v City of Kentwood: Objecting to the Taxation of Common Elements

Introduction In Michigan the question of whether the common elements of a condominium are taxable appears to be well-settled.  In Paris Meadows, LLC v City of Kentwood, 287 Mich App 136; 783 NW2d 133 (2010), the Michigan Court of Appeals held that pursuant to Section 131 of the Michigan Condominium Act, MCL 559.231, property taxes may only be assessed against…
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Community Association Governance & Meetings March 8, 2017

What Happens When Condominium Documents Conflict?

When purchasing a condominium unit in Michigan, buyers are often surprised at the number of legal documents governing not only the condominium project itself, but also the association tasked with administering, managing and maintaining the condominium. Given the length and complexity of most governing documents, there can be conflicting provisions by, amongst and within the governing documents. This article explores…
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