Condo and HOA Assessments

April 21, 2023

Michigan Court Rules Condo Association Did Not Wrongfully Foreclose

A necessary component of running a functional condo association is the collection of delinquent maintenance assessments. While many condo associations can yield account resolution through a demand letter and/or recording a lien against the unit, some delinquent accounts may require the initiation of foreclosure,  which is provided for by Michigan Condominium Act, MCL 559.101, et seq. Foreclosure can be a…
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September 18, 2020

VA Condominium Approval for VA Home Loans

The Veterans Benefits Administration of the Department of Veterans Affairs (the “VA”) is a function of the United States government intended to help the country’s veterans and servicemen.  One of the benefits provided by the VA is the VA home loan guaranty program.  Through VA direct home loans and VA-backed home loans, the VA loan program is intended to make it easier for veterans, servicemen and their survivors to borrow enough money to buy,…
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February 15, 2019

MCL 559.205 and Michigan Admin R 559.511: Is Your Reserve Fund Underfunded?

In Michigan, the laws related to the governance of the formation and operation of condominium projects are found in the Michigan Condominium Act (the “Act”), MCL 559.101, et seq. MCL 559.205 of the Act requires a condominium association to maintain a “reserve fund,” to be set aside for major repair and replacement of the common elements.
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December 14, 2017

Should Your Community Association Have a Holiday Party?

With Christmas just around the corner, many community associations are currently planning parties to celebrate the holiday season. Holiday parties are a great way to bring the community together and converse with your neighbors. These parties frequently involve the catering of food and alcohol as well as live entertainment which helps foster community participation.
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September 18, 2017

What is the Bank’s Obligation to Pay Assessments Under the Michigan Condominium Act After a Foreclosure?

MCL 559.169 allows for a Michigan condominium association to impose assessments against all co-owners in order to pay for the common expenses that are necessary to operate the condominium. When a co-owner fails to pay assessments, it places a strain on the condominium association’s budget for the year and unfairly results in an increased burden on the remaining co-owners as…
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November 1, 2016

Kevin Hirzel Collects $200,000 in Unpaid Condominium Assessments

On December 21, 2012, the City of Fenton acquired 52 undeveloped units in the Waters Edge Townhomes Condominium from the Genesee County Treasurer after a tax foreclosure sale. Pursuant to MCL 559.108, MCL 559.137 and the master deed, each of the units was assigned a percentage of value. Upon becoming a co-owner, by virtue of its acquisition of the units,…
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