A Roadmap to Discovering and Resolving Common Element Construction Defects

The improving real estate market has resulted in decreased home inventories, which has created an increased demand for new construction condominiums. Many potential purchasers will look to buy new construction condominium units with the expectation that the general common elements will be free from construction defects.  This expectation often arises from two common myths.  First,…

Community Associations: What Questions Should You Ask to Find the Truth About the Real Cost of Legal Services?

By Robert Meisner Frequently, we are asked about what questions a Condo Board should ask to find out the truth about the real cost of legal services, as some attorneys may try to brand some competitors as “expensive” in order to discourage condominium associations from hiring that firm. I thought it would be a good idea, therefore, to discuss…

Don’t take a vacation from the additional regulations that apply to Condominium Hotels

Michigan has been blessed with the Great Lakes which has resulted in numerous condominium projects being developed on or near the water that are intended for daily or weekly use by temporary occupants. These condominium projects are often referred to as “Condominium Hotels”, “Resort Condominiums”, “Condotels” or “Vacation Condominiums” despite the fact that the Michigan…

Saving the Manager from Liability

By Robert Meisner By giving property managers the power to oversee a community, they become potentially liable to persons who may be injured, or for property that may be damaged. Consequently, property managers are often named as defendants in premises liability and other lawsuits. Therefore, it is imperative that property managers understand their potential for…

Collecting Assessments

By Robert Meisner As I have often told the participants in my seminars, collecting assessments is the lifeblood of the Association. First and foremost, the Association should have a written collection policy in conformity with its condominium documents which would outline when assessments will be deemed to be due, when various late charge notices will…

How to Tell If Your Condominium Documents Need Updating

By Robert Meisner and M. Katherine Michael I. Significant Advantages to Having Updated Governing Documents. The documents of a Condominium Project establish the Condominium Project from a legal (title) standpoint, and create the framework for the governance of the Condominium Project. A properly governed Condominium Project can significantly enhance Unit re-sale marketability and real estate…

Defending the Condominium Developer

A condominium association’s board of directors, which is responsible for administering the affairs of the association, is initially appointed by the developer until a certain number of units is sold. When the owners of the individual units (called “co-owners”) take control of the board, they may conduct financial and physical audits, and those audits may…