Continuity Planning for Michigan Community Associations

“Plan for what it is difficult while it is easy, do what is great while it is small.” Sun Tzu During this time of economic uncertainty and concerns over the COVID-19 pandemic, community associations should take an ‘inventory’ of the current conditions of the association and have a continuity plan in place just in case something tragic happens. For example, what happens if the […]

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Tips for reviewing cable service provider agreements

In 2009, 87.8% of American households had either a cable or satellite TV subscription; however, by the end of 2019, that number dropped to just 65.3% of American households, as more American households “cut the cord” and turned to internet-based TV subscriptions, such as Netflix, Hulu and YouTube TV. With this steep drop in cable and satellite TV subscriptions, cable […]

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MCL 559.234 and Mich Admin R 559.111: Know the rules related to shared recreational facilities in Condominiums

Recreational facilities in condominiums are often one of the many amenities that draw potential purchasers to a particular condominium.  Co-owners enjoy the use of recreational facilities such as barbeques, basketball courts, boat launches/slips, clubhouses, gyms, parks, picnic areas, pools, private lakes, saunas, spas or tennis courts in many condominiums.  Many recreational facilities are common elements that are located within a […]

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Is your Association Protected Against Theft, Embezzlement and Fraud?

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 involving […]

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SB 914: Proposed amendment to the Michigan Condominium Act

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, […]

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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.  […]

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