Director and Officer Liability

July 19, 2023

Can You Pay Directors and Officers of a Michigan Condominium or Homeowners Association?

It is common for a condominium association’s master deed and bylaws or a homeowners association’s declaration to address compensating board members.  Usually, such a provision will either expressly disallow any compensation or only allow compensation if approved by a specified percentage of the community association’s members.  Apart from the general notion that board members should be made up of volunteers…
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July 12, 2023

Plat Gave Easement Over Park, Not Fee Simple Rights to Owners in Subdivision

Ownership and use of common areas in platted subdivisions is one of the more complicated areas of real estate law and has been the subject of conflicting caselaw in the State of Michigan. In Otto v Batdorfer, unpublished per curiam opinion of the Court of Appeals, issued February 17, 2022 (Docket No. 355936), the Michigan Court of Appeals analyzed this…
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February 16, 2017

IRS Revenue Ruling 70-604 and MCL 450.2541(2)(b): The Value of Expert Advice

Many individuals and corporations, including community associations, are currently preparing their tax returns.  For associations with excess revenue this process most likely involves a determination of whether to exercise an election under IRS Revenue Ruling 70-604.  A proper election under Revenue Ruling 70-604 can be used to reduce an association’s taxable income by deducting from taxable income any excess assessments…
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