Condominium associations should consider amending their condominium bylaws to provide the board of directors with authority to refer co-owner disputes to mediation.
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The Michigan Condominium Act contemplates a gradual transition from developer to nondeveloper co-owner control of the board of directors.
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Community associations will need to adapt their policies and procedures in order to continue operations while dealing with the realities of the current economic environment.
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Michigan condominium associations and co-owners should be aware that the Michigan Condominium Act, MCL 559.101, et seq., contains a specific procedure that allows for condominium units to be divided.
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In Stadler v Fontainebleau Condominiums Association, unpublished opinion of the Court of Appeals, issued April 11, 2019 (Docket No. 343303), the Michigan Court of Appeals held that the plain language of the condominium bylaws permitted the condominium association to recover attorney’s fees and costs for successfully defending a co-owner’s lawsuit. The court further held that the condominium bylaws were enforceable…
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In Oak Valley Estates Homeowners Association v Georgetta Livingstone, Unpublished Opinion of the Michigan Court of Appeals, Docket No. 338292 (January 22, 2019), the Michigan Court of Appeals upheld a monetary judgment in favor of a condominium association, for fines and attorney’s fees and costs, after granting an injunction requiring that a co-owner remove solar panels, a wind turbine and…
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