LEGAL UPDATE: HOW RECENT CHANGES TO PERIODIC GARNISHMENTS IN MICHIGAN AFFECT CONDOMINIUM COLLECTION PRACTICES

The Board of Directors for condominium associations are often faced with delinquent co-owners who fail to pay assessments or fines.  Typically, the Association seeks voluntary compliance with the co-owner to obtain payment, but sometimes the Association is forced to pursue a judgment against the delinquent co-owner.  If that happens, the Association may pursue collection efforts against the co-owner, including but […]

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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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MARIJUANA IN CONDOMINIUMS: NUISANCE AND LEGAL CONSEQUENCES

Until recently, many co-owners were concerned about secondhand smoke issues relating to tobacco products in the condominium project and how to limit its impact and/or eliminate the smoke entirely.  However, attitudes regarding the acceptable use of marijuana are changing.  More co-owners are becoming concerned with marijuana use within their condominium project and considering whether reasonable restrictions are appropriate.   The […]

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LEGAL UPDATE: Michigan House Bill No. 4038 Would Allow Eviction Notices By E-mail, Facebook or Other Social Media

On March 18, 2015, the Michigan House of Representatives passed House Bill No. 4038 (the “Bill”), which allows landlords to e-mail eviction notices to tenants or to notify tenants via social media such as Facebook, Twitter, etc. At present, MCL 600.5718 permits service of a “demand for possession” [a/k/a an eviction notice] by personally delivering the written demand to the residence or by […]

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