Seven Instances When a Michigan Condominium Association Requires Mortgagee Approval to Amend its Condominium Documents

The Michigan Condominium Act, MCL 559.101, et. seq., contains various provisions related to the manner in which a condominium association may amend its master deed, bylaws and condominium subdivision plan (the “Condominium Documents”).  Excluding special rules pertaining to developers, under most circumstances an amendment to the Condominium Documents simply requires 2/3 co-owner approval.  See MCL 559.190.  However, there are seven […]

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Six Major Revisions to the Michigan Nonprofit Corporation Act: Should your Condominium Association Revise its Articles of Incorporation and Bylaws?

In Michigan, two primary statutes govern the affairs of a condominium association: the Condominium Act and the Nonprofit Corporation Act.  The last major revisions to the Nonprofit Corporation Act took place in 2008 through Public Act 9 of 2008, which permitted voting by electronic means, amongst other things.  Effective January 15, 2015, Governor Rick Snyder signed into law Michigan Senate […]

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MCL 559.157 – Has your Michigan Condominium Association had its books, records and financial statements reviewed by a Certified Public Accountant?

The Michigan Condominium Act was amended in 2014 to impose additional requirements on condominium associations with respect to financial record keeping and encourage transparency.  Prior to 2014, the annual audit or review of an association’s books, records and financial statements did not need to be certified.  After MCL 559.157 was passed, and became effective in 2014, a condominium association with […]

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The Future is Now: Is Your Condominium Association Prepared to Handle these 6 Technological Advances?

The last significant revisions to the Michigan Condominium Act took place in 2001 and 2002.  While many Michigan condominium associations have amended their governing documents to address the 2001 and 2002 amendments to the Michigan Condominium Act, those amendments often fail to account for the numerous, recent technological advances which have arisen after those revisions.  When amending condominium documents, associations […]

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Understanding the Difference between a Designated Voter Representative Form (DVR) and a Proxy in Michigan Condominium Association Elections

Michigan condominium associations are often a hotbed for politicking prior to an election of directors or other votes that take place at an annual or special meeting. It is common for board candidates, or other co-owners, to go door to door and solicit the right to vote on behalf of their fellow co-owners prior to an association meeting. In many […]

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