Numerous condominiums in Michigan restrict (or outright ban) sculptures, statues, lawn ornaments, birdbaths or other items pursuant to the condominium documents. Many of these provisions were drafted by the developer when creating the condominium in order to provide uniformity during the sales process. Likewise, many declarants subject a platted subdivision to deed restrictions that also restrict or ban the use of…
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Technological advancements have increased the ability of individuals to do short-term leasing, as opposed to the traditional long term, six month or greater, leasing arrangement, in particular looking at the new phenomenon of Airbnb. Websites such as Airbnb, VRBO and Homeaway are often used by short-term lessors and lessees alike to both list and locate short-term rentals. The blog article…
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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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As April 15th approaches, many Michigan residents are reviewing various sources of gross income, tax credits and tax deductions in order to prepare individual or joint income tax returns. In addition to personal income taxes, newer directors may be unaware that their condominium or homeowners’ association is also required to file federal income taxes on an annual basis. For the…
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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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In most Michigan condominium associations, the same individuals serve as both directors and officers of the nonprofit corporation in charge of the condominium. Often times, there is confusion or misunderstanding about the difference between a “director” and an “officer.” Thus, co-owners routinely ask our office to explain the difference and why the Condominium Bylaws[1] differentiate between directors and officers. The…
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