Disputes between neighbors in a homeowners association inevitably arise. HOA board members often face difficult decisions in deciding whether to intervene in neighbor disputes that do not directly involve the HOA.
Introduction
In Vista Property Group, LLC v Schulte, unpublished per curiam opinion of the Court of Appeals, issued September 17, 2020 (Docket No. 347471), the Michigan Court of Appeals vacated a no-cause judgment in favor of a condominium association and remanded the case back to the Kent County Circuit Court for entry of judgment in favor of an ousted property management company.
In Square Lake Hills Assn v Garland, unpublished opinion of the Court of Appeals, Docket No. 350403, issued November, 12, 2020, the Michigan Court of Appeals upheld a ruling of the Oakland County Circuit Court that dismissed a defamation claim brought by a co-owner against a condominium association,individual board members and the management company on the basis that the allegedly defamatory statements were subject to a qualified privilege. As will be outlined below, it is often difficult for co-owners to succeed on defamation claims as many unflattering statements are not actionable.
“Plan for what it is difficult while it is easy, do what is great while it is small.” Sun Tzu During this time of economic uncertainty and concerns over the COVID-19 pandemic, community associations should take an 'inventory' of the current conditions of the association and have a continuity plan
Every Michigan condominium association goes through a transition in which control of the board of directors is transferred from developer control to co-owner control. In many condominium associations, it is not uncommon for a developer to attempt to retain control of all positions on the
In 2009, 87.8% of American households had either a cable or satellite TV subscription; however, by the end of 2019, that number dropped to just 65.3% of American households, as more American households “cut the cord” and turned to internet-based TV subscriptions, such as Netflix,
