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
Articles of Incorporation
, Condo and HOA Assessments
, Elections and Voting
, Master Deed
, Michigan Condominium Act
, Michigan Condominium Attorney
, Michigan Condominium Lawyer
, Michigan Nonprofit Corporation Act
, Mortgagee Approval
, Rules and Regulations
Michigan condominium associations are governed by various documents: the Articles of Incorporation, the Master Deed, the Condominium Bylaws, the Association (Corporate) Bylaws and any Rules and Regulations meant to implement the Bylaws. In order to avoid confusion, many condominium attorneys in Michigan combine the Condominium
In Michigan, MCL 559.157 requires that the “…books, records, contracts, and financial statements concerning the administration and operation of the condominium” be available for examination by the co-owners at convenient times. Most condominium documents also contain provisions that require the books and records of a
In Michigan, two primary statutes govern the affairs of a condominium association: the Condominium Act and the Nonprofit Corporation Act. The last major revisions to the Nonprofit Corporation Act took place in 2008 through Public Act 9 of 2008, which permitted voting by electronic means,