In the summer of 2013, Kayla West began looking for a house to rent in Georgia. She came across a rental home owned by DJ Mortgage, LLC, and contacted Gene Andrews, DJ Mortgage, LLC’s property and leasing manager. Ms. West entered into a lease agreement for the rental property, and between August 2013 and October 2013, Ms. West alleged that
Read more
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
Read more
In many Michigan condominiums and HOAs, the governing documents contain a provision creating an Architectural Control Committee (“ACC”) tasked with maintaining the overall aesthetics of structures within the community. Normally, when an owner wishes to modify a structure, the owner may petition the association’s ACC for approval. If the owner is denied the requested modification, this can lead to claims
Read more
Introduction The overwhelming majority of condominium and homeowners associations in Michigan govern residential developments. Accordingly, many community associations have concerns about residents or guests traveling at excessive speeds throughout the neighborhood. With the growing utilization of common interest communities, more and more associations are seeking to create and enforce their own speed limits within their respective developments. For example, some
Read more
Introduction With Christmas just around the corner, many community associations are currently planning parties to celebrate the holiday season. Holiday parties are a great way to bring the community together and converse with your neighbors. These parties frequently involve the catering of food and alcohol as well as live entertainment which helps foster community participation. While holiday parties are generally
Read more
Michigan condominium associations are often forced to deal with co-owners who are unfamiliar with condominium living, or in some instances, are not even aware that they live in a condominium that is governed by a master deed, bylaws or rules in regulations. As a result, it is not uncommon for a co-owner to unilaterally make modifications to the general common elements
Read more
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
Read more