Michigan Condominium Act

Community Association Governance & Meetings June 1, 2016

Quorum Issues in Michigan Condominium Associations

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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Construction Defects & Developer Turnover May 5, 2016

Court Holds Michigan Condo Developer Liable for Changing Sale Price of Unit

In Gordon v Cornerstone RG, LLC, No. 324909, 2016 WL 902195 (Mich Ct App March 8, 2016) (unpublished opinion), the Michigan Court of Appeals confirmed an arbitration award in favor of Robert and Debbie Gordon against the developers of the Villas of Hidden Lakes Condominium.  The Gordons entered into an agreement in which they paid a $1000 deposit to the…
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Construction Defects & Developer Turnover March 29, 2016

Was Your Condominium Properly Expanded Under the Michigan Condominium Act?

In Michigan, when a developer creates a condominium, the developer is required to record a master deed. Pursuant to MCL 559.108, the master deed and condominium subdivision plan must identify the total number of units in the project and assign a percentage of value to each unit.  However, the initial configuration of the condominium is not set in stone.  MCL…
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Bylaw & Covenant Enforcement March 11, 2016

Hoarding in Your Condominium: What Every Michigan Association and Property Manager Should Know

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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Construction Defects & Developer Turnover March 1, 2016

Michigan Court of Appeals Rules that HOA Developer is Subject to the Michigan Consumer Protection Act

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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Maintenance Repairs & Common Elements January 20, 2016

Failing Infrastructure? How to Handle Common Element Lead Pipes in Your Condominium

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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