As the weather becomes warmer here in Michigan, many homeowners or co-owners undergo the yearly “Spring Cleaning.” Unfortunately, many condominium associations in Michigan face co-owners, tenants or residents who do not maintain the same sanitary living space as their neighbors. At the extreme, hoarders may fill units and/or limited common elements with debris, combustible material, food or other unsanitary or…
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In Liss v. Lewiston–Richard Inc, 478 Mich. 203; 732 NW2d 514 (2007), the Michigan Supreme Court held that a residential home builder was exempt from compliance with the Michigan Consumer Protection Act, MCL 445.901 et seq. The Michigan Supreme Court reasoned that MCL 445.904(1)(a) exempted homebuilders from compliance with the Act as they were specifically authorized to build homes under…
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In early 2015, the Michigan Legislature made significant changes to the Michigan Nonprofit Corporation Act, MCL 450.2101, et seq. On March 4, 2016, Kevin M. Hirzel, Esq., Chairman of the Legislative Action Committee for CAI’s Michigan Chapter, will present on how the changes to the Act impact community associations in Michigan. Mr. Hirzel’s presentation will take place between 11:15 A.M. to 12:00…
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The Michigan Court of Appeals recently made the following significant rulings that impact Michigan Homeowners’ Associations in Conlin v Upton, Michigan Court of Appeals Docket No. 322458 (November 24, 2015) (Published Opinion): The absence of an amendment provision in the original declaration of restrictions for a subdivision precluded a HOA from later amending its declaration with less than unanimous consent…
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In most Michigan condominium associations, the same individuals serve as both directors and officers of the nonprofit corporation in charge of the condominium. Often times, there is confusion or misunderstanding about the difference between a “director” and an “officer.” Thus, co-owners routinely ask our office to explain the difference and why the Condominium Bylaws[1] differentiate between directors and officers. The…
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Introduction The recent water crisis in Flint, Michigan has gained regional and national headlines and caused a great deal of controversy regarding the responsibility of local, state and federal governments to provide clean water. One of the biggest issues facing Michigan condominium associations today, albeit rarely discussed, is the aging infrastructure located underground in the common elements of the condominium…
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