Can a co-owner withhold assessment payments if they are dissatisfied with their condominium association?

Condominium assessments are the lifeblood of any condominium association. A condominium association cannot function and provide essential services to co-owners unless assessments are collected. Unfortunately, dissatisfied co-owners often threaten to escrow or withhold assessments as a means to get what they want. Examples of situations where co-owners commonly threaten to withhold assessments and/or withhold assessments are as follows: A co-owner […]

Read more

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 […]

Read more

THE DIFFERENCES BETWEEN AN ADDITIONAL ASSESSMENT AND A SPECIAL ASSESSMENT IN A MICHIGAN CONDOMINIUM ASSOCIATION

As many new condominium co-owners are aware, the general operations of a condominium association are funded through annual assessments. MCL 559.169 sets forth the requirements for imposing assessments in a Michigan Condominium as follows: 559.169 Assessment of common expenses; contribution of co-owner. Sec. 69. (1) Except to the extent that the condominium documents provide otherwise, common expenses associated with the […]

Read more

Kevin Hirzel Appointed Chairman of Legislative Action Committee

Congratulations to Kevin Hirzel who has been appointed the Chairman of the Legislative Action Committee (LAC) for the Community Association Institute Michigan Chapter (CAI). The LAC is CAI’s official voice with legislators and regulators in Michigan. The LAC allows CAI to speak with one voice on legislative and regulatory matters that affect community associations, community association managers, and CAI business […]

Read more

When and How to Amend Your Michigan Condominium Documents (Part Two: How to Amend)

Part One of this two-part series addressed when an association should amend its Michigan condominium documents.  Part Two addresses the legal and practical considerations of how to amend your Michigan condominium documents. How Does My Association Amend its Condominium Documents? As an initial matter, a Board of Directors typically cannot amend the Articles of Incorporation, the Master Deed or the […]

Read more

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 […]

Read more
1 30 31 32 33 34