MCL 559.207 Archives - The Michigan Community Association Law Blog

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In Stadler v Fontainebleau Condominiums Association, unpublished opinion of the Court of Appeals, issued April 11, 2019 (Docket No. 343303), the Michigan Court of Appeals held that the plain language of the condominium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…

HB 4446 Allows Michigan Condominium Associations to Enforce Restrictions and Defend Lawsuits

HB 4446 will make it easier for condominium associations to enforce routine bylaw violations, collect assessments and defend themselves in litigation. Most co-owners would expect a condominium board to handle routine matters such as bylaw violations, collecting assessments or defending lawsuits, and co-owner apathy should not prevent condominium associations from handling these types of matters.

Michigan House Bill 4015 (2017): Bad News for Michigan Condominium Associations

On January 12, 2017, House Bill 4015 (2017) was introduced in the Michigan House of Representatives and would make significant changes to the Michigan Condominium Act. The bill is a reincarnation of former House Bill 5655 that had failed to pass in 2016. Similar to House Bill 5655, House Bill 4015 is extremely problematic for Michigan Condominium Associations.