Director and Officer Liability

March 26, 2025

3 Legal Essentials for Michigan Condo Boards Adopting Rules

3 Legal Essentials for Michigan Condo Boards Adopting Rules The governing documents of a condominium association are intended to address the various provisions and restrictions that apply to the co-owners and the association.  The condominium documents, however, simply cannot address each and every specific situation that may arise.  Or a provision in the condominium documents may address a topic in…
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December 9, 2024

FinCEN appeals nationwide Corporate Transparency Act Injunction: What is the impact on Community Associations?

FinCEN appeals nationwide Corporate Transparency Act Injunction: What is the impact on Community Associations? On December 3, 2024, a federal court in Texas issued a nationwide preliminary injunction in Texas Top Cop Shop, Inc v Garland, No. 4:24-CV-478, 2024 WL 4953814, at *37 (ED Tex, December 3, 2024), temporarily halting the enforcement of the Corporate Transparency Act. Specifically, the Court…
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December 5, 2024

Federal Court halts Corporate Transparency Act Enforcement: What does it mean for Condos and Homeowners Associations?

Federal Court halts Corporate Transparency Act Enforcement: What does it mean for Condos and Homeowners Associations? The Corporate Transparency Act (“CTA”) has been a significant concern for community associations in 2024. The CTA requires corporate entities, including many condominium and homeowners associations, to report personal information for individuals exercising substantial control of these entities by the end of 2025.  Individuals…
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September 25, 2024

Top 4 Legal Considerations for Gated Communities in Michigan: What Condos and HOA’s Need to Know

Top 4 Legal Considerations for Gated Communities in Michigan: What Condos and HOA’s Need to Know Imagine living in an exclusive, gated condominium community where security and privacy are top priorities. Whether your home is nestled in a suburban site condominium or perched in a sophisticated downtown high-rise, the added peace of mind a gated community provides is a major…
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September 11, 2024

Understanding Breach of Fiduciary Duty by Developer-Appointed Directors in Condominium Associations

Understanding Breach of Fiduciary Duty by Developer-Appointed Directors in Condominium Associations Many co-owners volunteer to serve on the board of directors because they believe that they can lead their condominium association in a positive direction.  This belief is essentially what it means to fulfill their duty as a fiduciary: to act in good faith, loyally to the association, and avoiding…
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April 9, 2024

UPDATE: The Deadline to Record a Notice Under the Michigan Marketable Record Title Act Has Been Extended to September 29, 2025: Does Your HOA or Condo Association Need to Record One?

UPDATE: The Deadline to Record a Notice Under the Michigan Marketable Record Title Act Has Been Extended to September 29, 2025: Does Your HOA or Condo Association Need to Record One? Introduction Michigan’s Marketable Record Title Act, MCL 565.101, et seq. (the “MRTA”), has been around since 1945, yet many homeowners associations are unaware of the MRTA and its potentially…
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