Category Archives: Maintenance

COVID-19: How Should Condominium and Homeowners Associations Handle Coronavirus?

On March 11, 2020, the World Health Organization declared the coronavirus outbreak (“COVID-19”) a pandemic. On March 12, 2020, Governor Whitmer ordered all K-12 schools closed through April 6, 2020 and numerous major sports events, concerts, plays and trade shows throughout Michigan have been postponed or cancelled altogether. As COVID-19 becomes more widespread, community associations are asking how this pandemic

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Common Contract Provisions with Contractors/Vendors in Michigan Condominium Associations and HOAs

Each year, the Board of Directors for Michigan condominium and homeowners associations make a multitude of difficult decisions regarding what work needs to be done within the association, what vendors to hire to perform various tasks, and how long those contracts should exist. Examples of the common contracts that the Board of Directors may execute on a routine basis include:

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Legal Update: Slip and Fall on Condominium Premises

Over the last four years, there have been numerous Michigan Court of Appeals decisions addressing slip and falls on the Condominium Premises. Given that Michigan’s weather is turning colder by the day, the risk of significant personal harm on slippery snow and ice only increases. As a continuation in this series regarding slip and falls on the Condominium Premises in

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Who is Responsible for Carrying Insurance on a Condominium?

Introduction For many people, purchasing a home is the largest investment they will make in their lifetime. While owning real estate should be considered an investment, it should also be viewed as a risk. Aside from the risk that the property will decrease in value, every homeowner should consider the risk that the property could be destroyed, as well as

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Can you terminate a condominium under the Michigan Condominium Act?

The Michigan Condominium Act, MCL 559.101, et seq., contains specific procedures for the termination of a condominium. If a developer has not sold any condominium units, MCL 559.150 permits the developer to unilaterally terminate a condominium project. If the developer has sold units, MCL 559.151 sets forth the voting process for terminating a condominium project. This article will discuss the

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MCL 559.201 AND MICH ADMIN R 559.511: IS YOUR RESERVE FUND UNDERFUNDED?

Introduction In Michigan, the laws related to the governance of the formation and operation of condominium projects are found in the Michigan Condominium Act (the “Act”), MCL 559.101, et seq. MCL 559.205 of the Act requires a condominium association to maintain a “reserve fund,” to be set aside for major repair and replacement of the common elements. MCL 559.205 provides:

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The Difference Between General and Limited Common Elements in Traditional and Site Condominiums in Michigan

In Michigan, condominiums consist of either units or common elements. Common elements are further subdivided into two categories: general common elements and limited common elements. Under most Michigan condominium documents, the difference between general common elements and limited common elements is important to determine who is responsible for maintaining, repairing and replacing damage to various areas of the condominium, which

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