Author Archives: William Kolobaric

How to Avoid Construction Liens in Michigan Condominium Projects

Condominium associations hire contractors for capital improvements, repairs and for restoration work to the general and limited common elements, if appropriate. When a condominium association hires a contractor to provide labor, services or materials to the condominium and then fails to make payment for any reason, the contractor may record a construction lien against the condominium unit(s) in the condominium

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MICHIGAN COURT VALIDATES FORECLOSURE SALE UNDER THE DOCTRINE OF SUBSTANTIAL COMPLIANCE

On February 14, 2017, the Michigan Court of Appeals issued an unpublished opinion in the matter of Miehlke v Bayview Condominium Association of Manistee, et al.  The Miehlke case is important as a reminder that a defect in a foreclosure notice renders a foreclosure sale voidable rather than void and if a junior lien holder wishes to preserve its interest

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Is it Time to Revisit Restrictions on Home-Based Businesses in Condominium Associations?

What do Apple Computer, Mary Kay Cosmetics, and the Ford Motor Company all have in common? These corporations all started out as home-based businesses.  With recent technological gains, more individuals are not only working from home but, in fact, more than half of all U.S. businesses are based out of an owner’s home[1].  In addition, with technological advances, many tasks

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Browning-Ferris Industries of California (#32-RC-109684): Fundamentally Altering the Employee / Employer Relationship between Community Associations and their Management Companies and Independent Contractors

Until last year, condominium and homeowner associations and their management companies understood the relationship between an employer and its employees and who would be considered the employer of those employees.  However, a 2015 ruling by the National Labor Relations Board (“NLRB”) has placed that understanding in a state of flux.   The new standard employed by the NLRB may now find

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What Community Associations Should Know About the Fair Housing Act and its Impact on Pool Rules and Regulations

With the summer heat wave in full force, it is nice to enjoy a refreshing dip in the pool to cool down.  Also, pools are not only good for cooling down but also provide numerous other benefits, including family time without the distractions of today’s technology, fitness training, stress relief, therapy and helping to keep children active.  Additionally, community pools

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ALLEGAN COUNTY TRIAL COURT RULES THAT SHORT-TERM VACATION RENTALS VIOLATE DEED RESTRICTIONS

As mentioned in our previous blog article, technological advancements have increased the ability of individuals to do short-term leasing, as opposed to the traditional long term, six month or greater, leasing arrangement, in particular looking at the new phenomenon of Airbnb.  Websites such as Airbnb, VRBO and Homeaway are often used by short-term lessors and lessees alike to both list

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Encouraging Lenders to Foreclose: Don’t let your Condominium and HOA units sit vacant without collecting assessments

Even though the real estate market is gradually improving, condominium and homeowner communities are still faced with instances where a delinquent member abandons their unit/home and stops mortgage payments, but the lender does not foreclose.   While condominium associations often believe they are “stuck” in these types of situations as the unit/home owner is uncollectable, and the lender will not foreclose,

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