Michigan Senate Bill 610: A fix to Section 67 of the Michigan Condominium Act (MCL 559.167) or the creation of a new set of problems?

The intended purpose of MCL 559.167 of the Michigan Condominium Act was to create an end date for developing condominium projects in Michigan and prevent incomplete projects that are not only an eyesore, but also create numerous practical problems for operating a condominium association.  The current version of MCL 559.167 has been in place for almost fifteen (15) years and allows for […]

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MICHIGAN COURT OF APPEALS RULES THAT CONDOMINIUM ASSOCIATION IS NOT ENTITLED TO NOTICE OF SURPLUS FUNDS FROM FORECLOSURE SALE

In Moon Lake Condominium Association v RBS Citizens, Case No. 323476 (Michigan Court of Appeals, November 12, 2015, unpublished), the Michigan Court of Appeals held that junior lienholders, such as condominium associations, are not entitled to notice that surplus funds were collected from a foreclosure sale after the first mortgage of record was foreclosed on.  At issue in this case […]

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Federal Legislative Update for Condominium Associations: Amateur Radio Parity Act, FHA Certification and FEMA

I had the pleasure of attending the Community Association Institute (CAI) Advocacy Summit in Washington, D.C. earlier this week and talking with various legislators and their staff regarding issues that impact Condominium Associations.  Three (3) major federal issues that will impact Condominium Associations and Homeowner Associations are as follows: 1. Amateur Radio Parity Act of 2015 – H.R. 1301 & S. […]

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Proposed Amendment to the Michigan Condominium Act: House Bill 4919 (2015): Authorizes board of directors to initiate or defend legal actions on behalf of and against co-owners without restriction

On September 29, 2015, representatives Klint Kesto (primary sponsor), Brandt Iden and Hank Vaupel introduced House Bill 4919, which would modify the Condominium Act, MCL 559.101, et. seq. House Bill 4919 would amend MCL 559.160 as follows: Sec. 60. (1) Actions on behalf of and against co-owners shall be brought in the name of  the association of co-owners.  The association of […]

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Can a co-owner withhold assessment payments if they are dissatisfied with their condominium association?

Condominium assessments are the lifeblood of any condominium association. A condominium association cannot function and provide essential services to co-owners unless assessments are collected. Unfortunately, dissatisfied co-owners often threaten to escrow or withhold assessments as a means to get what they want. Examples of situations where co-owners commonly threaten to withhold assessments and/or withhold assessments are as follows: A co-owner […]

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Kevin Hirzel Appointed Chairman of Legislative Action Committee

Congratulations to Kevin Hirzel who has been appointed the Chairman of the Legislative Action Committee (LAC) for the Community Association Institute Michigan Chapter (CAI). The LAC is CAI’s official voice with legislators and regulators in Michigan. The LAC allows CAI to speak with one voice on legislative and regulatory matters that affect community associations, community association managers, and CAI business […]

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