Category Archives: Articles of Incorporation

The Difference Between General and Limited Common Elements in Traditional and Site Condominiums in Michigan

In Michigan, condominiums consist of either units or common elements. Common elements are further subdivided into two categories: general common elements and limited common elements. Under most Michigan condominium documents, the difference between general common elements and limited common elements is important to determine who is responsible for maintaining, repairing and replacing damage to various areas of the condominium, which

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HB 4446 allows Michigan Condominium Associations to enforce restrictions and defend lawsuits

On March 30, 2017, Representative Klint Kesto introduced House Bill 4446, which would modify the Michigan Condominium Act, MCL 559.101, et. seq. House Bill 4446 (2017) would amend MCL 559.160, MCL 559.207 and MCL 559.215 as follows: Sec. 60. (1) Actions on behalf of and against the co-owners shall be brought in the name of the association of co-owners. The association

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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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How to Revive a Defunct Michigan Homeowners Association?

When a developer starts a project in Michigan, often it is easier/cheaper to create a site condominium or a homeowner’s association (“HOA”) rather than platting single family homes. As the developer sells enough units, control of the site condominium or HOA transfers to the homeowners in the project. Once the transition occurs, it is the homeowners’ responsibility for making sure

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The Michigan Condominium Act: Time for a Change

The Michigan Condominium Act was enacted in 1978 and is now over thirty-five years old. While significant amendments were made to the Michigan Condominium Act in 2001 and 2002, the Michigan Condominium Act does not currently meet the needs of various stakeholders as it is outdated and disorganized. In 2015 and 2016, the Michigan Legislature introduced five (5) bills that

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Proposed Amendment to the Michigan Condominium Act: House Bill 4919 (2015): Authorizes board of directors to initiate or defend legal actions on behalf of and against co-owners without restriction

On September 29, 2015, representatives Klint Kesto (primary sponsor), Brandt Iden and Hank Vaupel introduced House Bill 4919, which would modify the Condominium Act, MCL 559.101, et. seq. House Bill 4919 would amend MCL 559.160 as follows: Sec. 60. (1) Actions on behalf of and against co-owners shall be brought in the name of  the association of co-owners.  The association of

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When and How to Amend Your Michigan Condominium Documents (Part Two: How to Amend)

Part One of this two-part series addressed when an association should amend its Michigan condominium documents.  Part Two addresses the legal and practical considerations of how to amend your Michigan condominium documents. How Does My Association Amend its Condominium Documents? As an initial matter, a Board of Directors typically cannot amend the Articles of Incorporation, the Master Deed or the

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