Michigan COA rules that Condo Association’s Insurance Policy may cover water damage resulting from construction defects

In Walters Beach Condominium Association v Home-Owners Insurance Company, unpublished opinion of the Court of Appeals, issued November 16, 2017 (Docket No. 335172), the Michigan Court of Appeals held that water damage caused by construction defects may be covered under a condominium association’s insurance policy.  At issue was a rain storm caused water damage to 4 units in the Walters […]

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What is the bank’s obligation to pay assessments under the Michigan Condominium Act after a foreclosure?

MCL 559.169 allows for a Michigan condominium association to impose assessments against all co-owners in order to pay for the common expenses that are necessary to operate the condominium. When a co-owner fails to pay assessments, it places a strain on the condominium association’s budget for the year and unfairly results in an increased burden on the remaining co-owners as […]

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MCL 559.147: How to handle unauthorized co-owner modifications to the common elements

Michigan condominium associations are often forced to deal with co-owners who are unfamiliar with condominium living, or in some instances, are not even aware that they live in a condominium that is governed by a master deed, bylaws or rules in regulations. As a result, it is not uncommon for a co-owner to unilaterally make modifications to the general common elements […]

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Kevin Hirzel to present on legislation impacting condo associations at Michigan CAI annual conference on March 10, 2017

On March 10, 2017, Kevin M. Hirzel, Chairman of the Legislative Action Committee for CAI’s Michigan Chapter, will present on the following bills that are pending or have recently passed and will have a significant impact on Michigan Condominium Associations: HB 4919. Michigan House Bill 4919 would amend MCL 559.160 to prevent the inclusion of anti-lawsuit provisions in condominium documents. Anti-lawsuit […]

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The Michigan Condominium Act: Time for a Change

The Michigan Condominium Act was enacted in 1978 and is now over thirty-five years old. While significant amendments were made to the Michigan Condominium Act in 2001 and 2002, the Michigan Condominium Act does not currently meet the needs of various stakeholders as it is outdated and disorganized. In 2015 and 2016, the Michigan Legislature introduced five (5) bills that […]

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