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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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 early 2015, the Michigan Legislature made significant changes to the Michigan Nonprofit Corporation Act, MCL 450.2101, et seq. On March 4, 2016, Kevin M. Hirzel, Esq., Chairman of the Legislative Action Committee for CAI’s Michigan Chapter, will present on how the changes to the Act impact community associations in Michigan. Mr. Hirzel’s presentation will take place between 11:15 A.M. to 12:00…
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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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In The Mt. Vernon Park Association v Chantelle Clark, Michigan Court of Appeals Docket No. 323445 (December 29, 2015) (Unpublished) and The Mt. Vernon Park Association v Patricia Williams, Michigan Court of Appeals Docket No. 323482 (December 29, 2015) (Unpublished), the Michigan Court of Appeals held that a Michigan Condominium Association could not create rules and regulations that were inconsistent…
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The intended purpose of MCL 559.167 of the Michigan Condominium Act was to create an end date for developing condominium projects in Michigan and prevent incomplete projects that are not only an eyesore but also create numerous practical problems for operating a condominium association. The current version of MCL 559.167 has been in place for almost fifteen (15) years and…
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