Federal H.R. 5082 Would Support Delinquent Assessment Collection

In the course of representing Michigan community associations in delinquent assessment collection matters, community association attorneys must be extremely careful to comply with the requirements of the Fair Debt Collection Practices Act (FDCPA). The FDCPA’s purpose is to protect debtors from devious methods of debt collection that may be employed by third party debt collectors,…

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Stay on Top of Co-Owners’ Obligation to Insure

Unfortunately, we have witnessed a recent spate of fires that have occurred in various condominiums throughout Michigan. This has reminded us, and the associations that we represent, how important it is to have appropriate provisions in the condominium bylaws requiring co-owners to insure their units, and to enforce those provisions consistently. Some co-owners mistakenly assume…

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Upcoming Educational Seminars

Advanced Community Association Operation is a four week course designed for Michigan condominium and homeowner association officers and directors, managers, developers and individual owners. Seminar attendees will gain valuable insight on a wide range of legal topics. All attendees receive a complimentary copy of Robert Meisner’s booklet, Community Association Operation: Getting Started and Staying on the…

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SB 914 – Majority Board Decisions Without a Meeting; Electronic Delivery; Records Requests

Senator David Robertson has introduced a new proposed amendment to the Condominium Act, which has been assigned to the Senate Committee on Local Government. SB 914 would make the following changes: For any documents or information mentioned in the Condominium Act or the condominium documents, the association may deliver those documents or information to an…

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Be Careful With Your Bylaw Restrictions

We recently wrote about some homeowners who plainly violated the restrictive covenants in their association’s governing documents when they painted their home blue without submitting an application for approval. Another case involving a blue house from Nebraska recently caught our attention, Estates at Prairie Ridge Homeowners Association v. Korth, 904 N.W.2d 15 (Neb. 2017). However,…

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SB 741 Prohibits Local Government from Regulating Dog Breeds

By Joyleih and Sophia, the Legal Beagles – New legislation was introduced in Michigan’s Senate in January, which simply reads as follows: “Sec. 1. (1) A local unit of government shall not enact or enforce an ordinance, policy, resolution, or rule that regulates a dog based upon breed or perceived breed. However, this act does…

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Massachusetts Gets it Right Regarding Anti-Litigation Provisions

We have previously written about Michigan HB 4446, advocating for removal of the exemption for developers in the bill, or in the alternative, abandoning it. Now, a new Massachusetts Supreme Court ruling in Trustees of the Cambridge Point Condominium Trust vs. Cambridge Point, LLC has been published, where the court found an anti-litigation provision in the…

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