In most Michigan condominium associations, the same individuals serve as both directors and officers of the nonprofit corporation in charge of the condominium. Often times, there is confusion or misunderstanding about the difference between a “director” and an “officer.” Thus, co-owners routinely ask our office to explain the difference and why the Condominium Bylaws[1] differentiate between directors and officers. The…
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Introduction The recent water crisis in Flint, Michigan has gained regional and national headlines and caused a great deal of controversy regarding the responsibility of local, state and federal governments to provide clean water. One of the biggest issues facing Michigan condominium associations today, albeit rarely discussed, is the aging infrastructure located underground in the common elements of the condominium…
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Condominium Association Boards are often faced with making difficult decisions while governing their condominium projects. For example, some typical difficult decisions Boards face are whether to raise assessments, whether to pursue a fellow co-owner who fails to comply with the condominium documents, whether to evict a co-owner’s tenants who are being unruly, and whether to pursue a developer for construction…
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In The Mt. Vernon Park Association v Chantelle Clark, Michigan Court of Appeals Docket No. 323445 (December 29, 2015) (Unpublished) and The Mt. Vernon Park Association v Patricia Williams, Michigan Court of Appeals Docket No. 323482 (December 29, 2015) (Unpublished), the Michigan Court of Appeals held that a Michigan Condominium Association could not create rules and regulations that were inconsistent…
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Introduction As this article is written, the first significant ice storm of winter 2015-2016 has just blown through Michigan leaving icy roads, downed powerlines, and numerous traffic accidents. Of course, this is the perfect time to turn to summer and dream about the potential purchase of a picturesque home sitting on one of Michigan’s beautiful lakes. For many who live in…
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From personal experience, water intrusion in a condominium unit can be one of the most frustrating and unpleasant experiences a Co-owner may ever experience. Often, a Co-owner does not know what to do, who to call, whether insurance will cover the loss and what responsibilities the Co-owner and the Association may have. This article explores some common issues that may…
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