In many Michigan condominiums and HOAs, the governing documents contain a provision creating an Architectural Control Committee ("ACC") tasked with maintaining the overall aesthetics of structures within the community. Normally, when an owner wishes to modify a structure, the owner may petition the association's ACC for approval. If the owner is denied the requested modification, this can lead to claims…
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Introduction The overwhelming majority of condominium and homeowners associations in Michigan govern residential developments. Accordingly, many community associations have concerns about residents or guests traveling at excessive speeds throughout the neighborhood. With the growing utilization of common interest communities, more and more associations are seeking to create and enforce their own speed limits within their respective developments. For example, some…
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Whether inside a grocery store, at a gas station or even in your neighborhood, security cameras are everywhere in modern society. As technology evolves and cheaper and better cameras come onto the market each year, Michigan condominiums are experiencing an increase in surveillance and/or security camera usage. Security cameras raise significant legal questions that impact decisions made by the Board…
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In the context of living in a condominium, additional easements are common. In fact, all condominiums are required to have certain easements pursuant to the Michigan Condominium Act and Administrative Rules. Some examples of these required easements come from the Michigan Administrative Rules interpreting the Condominium Act.
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The Community Associations Institute ("CAI") Board of Trustees recently appointed Kevin M. Hirzel, Esq. to the national Government & Public Affairs Committee for a two year term from January 1, 2017 through December 31, 2018. CAI is an international membership organization with more than 34,000 members in partnership with 60 chapters around the globe. CAI provides information, education and resources to…
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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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