MCL 559.152: When do the co-owners elect directors after developer control?

Every Michigan condominium association goes through a transition in which control of the board of directors is transferred from developer control to co-owner control.  In many condominium associations, it is not uncommon for a developer to attempt to retain control of all positions on the board of directors until the developer is ready to completely exit the condominium.  However, the […]

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MI Court of Appeals rules that Treasurer cannot foreclose on common elements

In Carola Condominium Association v Dustin Chappell, issued July 19, 2016 (Docket No. 325851) (Unpublished Opinion) the Michigan Court of Appeals held that the Wayne County Treasurer could not foreclose on common elements that were identified as “garage spaces” in the master deed. Carola dealt with a situation in which common element garages were created by the second amendment to the master deed.  […]

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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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Transitioning from Developer Control to Nondeveloper Co-owner Control: Five Practical Steps Every Condominium Should Take

Every community association in Michigan undergoes a transition or “turnover” phase whereby the control of the community association changes from developer control to owner control.  In Michigan, the transition process for condominiums is governed by the Condominium Act, MCL 559.110, et al. Unfortunately, homeowner associations are not included in the Condominium Act and are solely governed by the terms in […]

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