Many co-owners volunteer to serve on the board of directors because they believe that they can lead their condominium association in a positive direction. This belief is essentially what it means to fulfill their duty as a fiduciary: to act in good faith, loyally to the association, and avoiding self-dealing. If the association believes that a co-owner director has not…
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Successfully transitioning control of a condominium association from the developer to the co-owners is critical for the long-term success of any Michigan condominium. When a developer exits a condominium project, it often requests a release of liability from the co-owner controlled board of directors. An experienced developer has an inherent advantage in negotiating a release with a condominium association, as…
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Did you know that Michigan’s HB 5019, a new bill pending in the Michigan House, aims to bring significant changes to the way condominium associations manage their reserve funds? Currently, Michigan law requires that condominium associations maintain a reserve fund for major repairs and the replacement of common elements. The state administrative code mandates that this reserve fund must be at…
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Condominium Association’s Legal Duty to Co-Owners: Key Takeaways from Janini v. London Townhouses Recently, the Michigan Supreme Court decided the case of Janini v London Townhouses Condominium Association, issued July 11, 2024 (Docket No. 164158), concluding that a co-owner of a condominium unit is an invitee under Michigan law if that person enters the common elements of the condominium, and…
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Pickleball. It’s the fastest growing sport in America for the past three years in a row, even if it has a silly name (rumor is that it was named after one of the inventor’s dog, Pickles). But there is no denying that pickleball has a large number of enthusiasts that range from young kids to senior citizens. With the growing…
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The Michigan legislature recently enacted the Homeowners’ Energy Policy Act, 2024 PA 68, which imposes new requirements on Michigan homeowners associations with respect to installing solar panels and other energy-saving improvements. The Homeowners’ Energy Policy Act, MCL 559.301 et. seq. will prevent homeowners associations from completely banning solar panels and other energy-saving devices when it becomes effective on April 1,…
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