Neighbor Disputes within Homeowners Associations: When should the HOA intervene?

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.  If a violation of the restrictive covenants does not impact all owners, many HOA boards find it difficult to justify spending time and money pursuing a violation of the […]

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Court Holds Early termination of Manager causes Condo Association to Breach Property Management Contract

Introduction In Vista Property Group, LLC v Schulte, unpublished per curiam opinion of the Court of Appeals, issued September 17, 2020 (Docket No. 347471), the Michigan Court of Appeals vacated a no-cause judgment in favor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 […]

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Condo Board Members Protected by Qualified Privilege in Co-Owner’s Defamation Claim

               In Square Lake Hills Assn v Garland, unpublished opinion of the Court of Appeals,  Docket No. 350403, issued November, 12, 2020, the Michigan Court of Appeals upheld a ruling of the Oakland County Circuit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 […]

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Continuity Planning for Michigan Community Associations

“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 in place just in case something tragic happens. For example, what happens if the […]

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MCL 559.152: When do the co-owners elect directors after developer control?

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 board of directors until the developer is ready to completely exit the condominium.  However, the […]

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Tips for reviewing cable service provider agreements

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, Hulu and YouTube TV. With this steep drop in cable and satellite TV subscriptions, cable […]

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