Category Archives: Mortgagee Approval

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 559.148: How to relocate unit boundaries under the Michigan Condominium Act

Michigan condominium associations and co-owners should be aware that the boundaries of condominium units are not necessarily fixed and may be changed provided that certain requirements are satisfied under the Michigan Condominium Act, MCL 559.101, et seq.  By way of example, a single co-owner may purchase adjoining condominium units in a traditional attached condominium and desire to relocate the boundaries

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The Impact of Short-Term Rentals on Condominium and Homeowner Associations: To Airbnb or Not to Airbnb?

Many condominium bylaws restrict or otherwise regulate a co-owner’s ability to lease the co-owner’s condominium unit. These restrictions are sometimes imposed as part of an effort to maintain property values, and sometimes to comply with the Federal Housing Administration’s Condominium Project Approval and Processing Guide which requires that at least fifty-one (51) percent of units be owned by owner-occupants. At

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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

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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

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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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