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

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 Bylaws and the Association Bylaws into one document, however many older documents still include both […]

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LEGAL UPDATE: HOW RECENT CHANGES TO PERIODIC GARNISHMENTS IN MICHIGAN AFFECT CONDOMINIUM COLLECTION PRACTICES

The Board of Directors for condominium associations are often faced with delinquent co-owners who fail to pay assessments or fines.  Typically, the Association seeks voluntary compliance with the co-owner to obtain payment, but sometimes the Association is forced to pursue a judgment against the delinquent co-owner.  If that happens, the Association may pursue collection efforts against the co-owner, including but […]

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STRIPPING COMMUNITY ASSOCIATION LIENS IN BANKRUPTCY: IS YOUR COMMUNITY ASSOCIATION AT RISK?

As the housing market continues to slowly recover from the foreclosure crisis in Michigan, and other areas of the country, many community associations are still facing significant challenges with unit owners who file for personal bankruptcy.  Numerous unit owners are beginning to utilize an old technique, previously used primarily against second mortgages and other junior liens, against community association liens.  […]

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Delinquencies, Collections and the Need for a Collection Policy

Community associations are nonprofit corporations, which are funded solely by dues/assessments paid by members. Unfortunately, when one member fails to pay his or her fair share, the rest of the members must make up the difference. As a matter of equity, it is simply unjust for the other co-owners—who typically have not done anything wrong or have no involvement in […]

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Michigan Court of Appeals rules that a Governmental Entity is not liable for Condominium Assessments after Tax Foreclosure

In Harbor Watch Condominium Association v Emmet County Treasurer, the Michigan Court of Appeals recently ruled that the Emmet County Treasurer was not obligated to pay $97,366.09 in condominium assessments, late fees and interest to the Harbor Watch Condominium Association.  In 2011, the Emmet County Treasurer acquired 37 units in Harbor Watch after foreclosing on the units due to unpaid taxes.  The […]

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