In Michigan, the responsibility for attorney fees and costs in litigation typically lies with the parties involved. Following the ‘American rule,’ attorney fees are not recoverable unless expressly allowed by statute, court rule, common-law exception, or contract. Dessart v. Burak, 470 Mich. 37, 42, 678 N.W.2d 615 (2004); Grace v. Grace, 253 Mich.App. 357, 370–371, 655 N.W.2d 595 (2002),” Reed…
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Over the last several years, emotional support animals have been a continuous source of speculation and confusion for many Michigan condo and HOA boards. We all have seen the news stories of individuals attempting to bring animals such as squirrels and even alligators into places of public accommodation under the claim that they are emotional support animals. Many will read…
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A condominium association is governed by its board of directors. In Michigan, it is common that members of a board of directors are uncompensated volunteers. It is also common that co-owners elect board members who have a particular set of skills or knowledge relevant to running a condominium, whether that be knowledge of accounting, construction, or management. When a condominium…
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In an effort to strengthen the financial stability of condominium associations in Michigan, the state legislature has introduced a bill to amend the Condominium Act of 1978. This amendment, specifically targeting section 105 (MCL 559.205), aims to enhance the financial accountability and security of condo associations across the state. The Necessity for the Amendment The proposed amendment comes as a…
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Introduction Boards of Directors of community associations are often charged with the responsibility of maintaining the capital assets of the corporation and administering the community itself. This responsibility involves difficult decisions regarding the spending and raising of association funds, especially when it comes to capital improvement projects. Recently the Michigan Court of Appeals issued a decision in Walsh v Hawthorn…
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The 2021 Michigan Community Association Fact Book (the “Fact Book”) compiled by the Foundation for Association Research estimates that from July 1, 2019, to July 1, 2021 the Michigan population aged 65 and over residing in Community Associations increased from 17.7% to 18.1%. These percentages exceeded the national average for Community Association residents aged 65 and over by 1.2% in…
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