Over the past decade, the popularity of living in a common interest community, particularly condominium and homeowners associations, has risen significantly. According to recent statistics provided by Community Associations Institute, there are over 340,000 community associations, over 26 million housing units, and over 68 million residents living in these associations in the United States. As these numbers continue to grow,…
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When a developer starts a project in Michigan, often it is easier/cheaper to create a site condominium or a homeowner’s association (“HOA”) rather than platting single family homes. As the developer sells enough units, control of the site condominium or HOA transfers to the homeowners in the project. Once the transition occurs, it is the homeowners’ responsibility for making sure…
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When drafting or amending condominium bylaws, the Restrictions section—typically Article VI of the Condominium Bylaws—often garners the most feedback, review or modification. One of the key provisions within the Restrictions section addresses pet restrictions including: the registration of pets with the association, not allowing pets loose on the condominium premises, co-owners must clean the dog’s feces so as not to…
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Numerous condominiums in Michigan restrict (or outright ban) sculptures, statues, lawn ornaments, birdbaths or other items pursuant to the condominium documents. Many of these provisions were drafted by the developer when creating the condominium in order to provide uniformity during the sales process. Likewise, many declarants subject a platted subdivision to deed restrictions that also restrict or ban the use of…
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Typically in the spring or fall, Michigan condominium associations hold annual meetings to elect directors, distribute financial statements to the Co-owners and otherwise provide an update to the membership regarding the status of the condominium. All too often, the annual meeting is sparsely attended due to Co-owner apathy, which may result in your condominium failing to meet quorum requirements. This article…
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As April 15th approaches, many Michigan residents are reviewing various sources of gross income, tax credits and tax deductions in order to prepare individual or joint income tax returns. In addition to personal income taxes, newer directors may be unaware that their condominium or homeowners’ association is also required to file federal income taxes on an annual basis. For the…
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