July 21, 2016
The Michigan Court of Appeals concluded that the trial court correctly set aside the judgment of foreclosure as it was void as a matter of law. Specifically, the judgment could not have prospective application as it attempted to divide the limited common element garages from the units, which was not allowed pursuant to MCL 559.137(5). Accordingly, Michigan condominium associations should…
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April 19, 2016
This article reviews some of the issues that may arise with an association member in default on their mortgage, and describes some potential options available to an association to address the issue.
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March 21, 2016
Condominium associations are solely dependent upon the collection of assessments from their members for their survival and to purchase and provide the goods and services necessary for the maintenance of the project for the benefit of its members. Thus, when a Co-owner files for bankruptcy, there is an understandable feeling that all is lost. However, that is not always the…
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November 14, 2015
In Moon Lake Condominium Association v RBS Citizens, Case No. 323476 (Michigan Court of Appeals, November 12, 2015, unpublished), the Michigan Court of Appeals held that junior lienholders, such as condominium associations, are not entitled to notice that surplus funds were collected from a foreclosure sale after the first mortgage of record was foreclosed on.
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October 12, 2015
Community associations are often faced with the challenge of collecting unpaid assessments from delinquent owners.
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October 1, 2015
A co-owner that withholds assessments will likely be faced with having to pay late fees, interest, legal fees and/or a lawsuit.
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