Condominium Foreclosure

Condo & HOA Collections March 23, 2026

How to Foreclose a Michigan Condominium Lien Under MCL 559.208

A common misconception among delinquent condominium co-owners is that once a condominium lien is recorded against their unit, there is nothing they need to do about it if they do not intend to sell or refinance their property. Unfortunately, this assumption is incorrect and can lead to significant financial consequences. Under the Michigan Condominium Act, unpaid condominium assessments create a…
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Condo & HOA Collections April 21, 2023

Michigan Court Rules Condo Association Did Not Wrongfully Foreclose

A necessary component of running a functional condo association is the collection of delinquent maintenance assessments. While many condo associations can yield account resolution through a demand letter and/or recording a lien against the unit, some delinquent accounts may require the initiation of foreclosure,  which is provided for by Michigan Condominium Act, MCL 559.101, et seq. Foreclosure can be a…
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Bylaw & Covenant Enforcement April 16, 2019

Court Rules that the Michigan Condominium Act Permits Bylaws to Allow for an Association to Recover Attorney’s Fees for Defending a Lawsuit

In Stadler v Fontainebleau Condominiums Association, unpublished opinion of the Court of Appeals, issued April 11, 2019 (Docket No. 343303), the Michigan Court of Appeals held that the plain language of the condominium bylaws permitted the condominium association to recover attorney’s fees and costs for successfully defending a co-owner’s lawsuit.  The court further held that the condominium bylaws were enforceable…
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Condo & HOA Collections September 18, 2017

What is the Bank’s Obligation to Pay Assessments Under the Michigan Condominium Act After a Foreclosure?

MCL 559.169 allows for a Michigan condominium association to impose assessments against all co-owners in order to pay for the common expenses that are necessary to operate the condominium. When a co-owner fails to pay assessments, it places a strain on the condominium association’s budget for the year and unfairly results in an increased burden on the remaining co-owners as…
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