On September 10, 2015, representative Michael McCready introduced House Bill 4861, which would modify the Condominium Act, MCL 559.101, et. seq. Importantly, the major change to the law would be the addition of the following new Section 52(5): (5) An individual is not eligible to be
Congratulations to Kevin Hirzel who has been appointed the Chairman of the Legislative Action Committee (LAC) for the Community Association Institute Michigan Chapter (CAI). The LAC is CAI’s official voice with legislators and regulators in Michigan. The LAC allows CAI to speak with one voice
Part One of this two-part series addressed when an association should amend its Michigan condominium documents. Part Two addresses the legal and practical considerations of how to amend your Michigan condominium documents. How Does My Association Amend its Condominium Documents? As an initial matter, a Board of
Michigan condominium associations are governed by various documents: the Articles of Incorporation, the Master Deed, the Condominium Bylaws, the Association (Corporate) Bylaws and any Rules and Regulations meant to implement the Bylaws. In order to avoid confusion, many condominium attorneys in Michigan combine the Condominium
In Michigan, the terms of a master deed, bylaws or other restrictive covenants are contractual in nature. See Rossow v. Brentwood Farms Dev, Inc, 251 Mich App 652, 658, 651 NW2d 458 (2002). The Michigan Courts have generally held that a master deed, bylaws or
The Michigan Condominium Act, MCL 559.101, et. seq., contains various provisions related to the manner in which a condominium association may amend its master deed, bylaws and condominium subdivision plan (the “Condominium Documents”). Excluding special rules pertaining to developers, under most circumstances an amendment to
