Category Archives: Elections and Voting

What Happens When Condominium Documents Conflict?

When purchasing a condominium unit in Michigan, buyers are often surprised at the number of legal documents governing not only the condominium project itself, but also the association tasked with administering, managing and maintaining the condominium. Given the length and complexity of most governing documents, there can be conflicting provisions by, amongst and within the governing documents. This article explores

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The Michigan Condominium Act: Time for a Change

The Michigan Condominium Act was enacted in 1978 and is now over thirty-five years old. While significant amendments were made to the Michigan Condominium Act in 2001 and 2002, the Michigan Condominium Act does not currently meet the needs of various stakeholders as it is outdated and disorganized. In 2015 and 2016, the Michigan Legislature introduced five (5) bills that

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Quorum Issues in Michigan Condominium Associations

Typically in the spring or fall, Michigan condominium associations hold annual meetings to elect directors, distribute financial statements to the Co-owners and otherwise provide an update to the membership regarding the status of the condominium.  All too often, the annual meeting is sparsely attended due to Co-owner apathy, which may result in your condominium failing to meet quorum requirements.  This article

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Kevin Hirzel to Present at Michigan CAI Annual Conference and Expo – March 4, 2016

In early 2015, the Michigan Legislature made significant changes to the Michigan Nonprofit Corporation Act, MCL 450.2101, et seq.  On March 4, 2016, Kevin M. Hirzel, Esq., Chairman of the Legislative Action Committee for CAI’s Michigan Chapter, will present on how the changes to the Act impact community associations in Michigan. Mr. Hirzel’s presentation will take place between 11:15 A.M. to 12:00

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The Difference Between an Officer and a Director: Selection, Removal and Eligibility Restrictions

In most Michigan condominium associations, the same individuals serve as both directors and officers of the nonprofit corporation in charge of the condominium.  Often times, there is confusion or misunderstanding about the difference between a “director” and an “officer.”  Thus, co-owners routinely ask our office to explain the difference and why the Condominium Bylaws[1] differentiate between directors and officers.  The

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Legal Update: House Bill 4861 (2015): Only Resident Co-owners Would Be Eligible for the Board of Directors

On September 10, 2015, representative Michael McCready introduced House Bill 4861, which would modify the Condominium Act, MCL 559.101, et. seq.  Importantly, the major change to the law would be the addition of the following new Section 52(5): (5) An individual is not eligible to be elected to the Board of Directors by nondeveloper co-owners unless the individual is a

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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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