Does the Board of Directors of a Michigan Condominium Association or HOA have a duty to enforce the Master Deed, Bylaws or other restrictive covenants as written?

In Michigan, the terms of a master deed, bylaws or other restrictive covenants are contractual in nature. See Rossow v. Brentwood Farms Dev, Inc, 251 Mich App 652, 658, 651 NW2d 458 (2002). The Michigan Courts have generally held that a master deed, bylaws or other restrictive covenants are to be enforced as written.  Specifically, …a breach of a covenant, […]

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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 […]

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Condominium Associations and Solar Panels: How to handle a Co-Owner request to install a Solar Panel

By: Kevin Hirzel, Esq. and Amber Myers Michigan is working to make alternative energy, such as solar, financially feasible for commercial and industrial property owners. Michigan’s Property Assessed Clean Energy (PACE) financing law, Mich. Comp. Laws § 460.931 (2010), and the Lean and Green Michigan Program allow counties, cities, and townships to form a PACE district wherein commercial and industrial property owners […]

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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 do […]

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Religious Freedom and Community Associations: How does the Religious Freedom Restoration Act Impact Condominium and Homeowner Associations?

In 1993, the federal government enacted the Religious Freedom Restoration Act (“RFRA”).  The purpose of the RFRA was to allow a person to avoid complying with any law that interfered with the exercise of their religious freedom unless there was a compelling governmental interest behind the law and the least restrictive means of furthering that compelling governmental interest was utilized.  […]

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Kevin Hirzel to present at Michigan CAI Annual Conference & Expo – March 13, 2015

Kevin Hirzel’s presentation “Construction Defect Resolution – Appropriate steps a post-transition control board of directors should take with respect to discovering and resolving construction defects” will be in the Pearl Room from 1:00pm to 1:45pm. Event:CAI Annual Conference & Expo Start:March 13, 2015 8:30 am End:March 13, 2015 4:30 pm Organizer:CAI MI Phone:734-9531-2084 Email:[email protected] Venue: Suburban Show Place Address: 46100 […]

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