Condominium associations and homeowners associations collect assessments from homeowners earmarked for the benefit of the community. However, there are times when board members, property managers or, more generally, thieves misappropriate or embezzle monies intended to benefit the community. In 2017, the treasurer of the Black Forest Estates Association in Traverse City, Michigan was initially charged with multiple felonies each involvingRead more
Category Archives: Inspection of Records
Michigan Senate Bill 914 (2018) was introduced on March 21, 2018. Senate Bill 914 would amend various sections of the Michigan Condominium Act related to providing electronic notice of amendments to condominium documents, director voting via e-mail and setting more specific standards for co-owner inspections of a condominium association’s books and records. Senate Bill 914 (2018) would amend MCL 559.106,Read more
Is a Community Association’s Board of Directors Required to Make Board Meetings Open to Association Members?
The State of Michigan primarily has two so-called “Sunshine Laws”- the Open Meetings Act (“OMA”), MCL 15.261, et seq., and the Freedom of Information Act, MCL 15.231, et seq. These two acts together help promote and create open government by making certain governmental meetings open to the public, and in allowing the public access to governmental documents and records.Read more
Is your Michigan Condominium Association prepared to handle a co-owner’s request to inspect its books and records?
In Michigan, MCL 559.157 requires that the “…books, records, contracts, and financial statements concerning the administration and operation of the condominium” be available for examination by the co-owners at convenient times. Most condominium documents also contain provisions that require the books and records of a condominium association be made available for inspection by a co-owner. However, most condominium documents doRead more
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 SenateRead more