Fair Debt Collection Requirements Must Be Followed Strictly

A recent decision in Essique v. Walnut Woods Condominium Association, No. 2:15-CV-12049, 2016 WL 7337246 (E.D. Mich. Dec. 19, 2016) is a good example of how important it is to strictly comply with the requirements of the federal Fair Debt Collection Practices Act (FDCPA). Following is the judge’s summary of the requirements pertinent to the case…

Appeals Court Interprets “Residential Use” to Exclude Transient Leasing

An interesting case was recently decided by a Texas Court of Appeals in the matter of Tarr v. Timberwood Park Owners Association, Inc., No. 04-16-00022-CV (Tex. App. Nov. 16, 2016). Timberwood Park’s governing documents stated that the homes in the subdivision were to be used exclusively for residential purposes but did not contain any specific prohibition…

3 Reasons Your Community Association Assessments Are Too Low

When we speak with directors and other leaders from Michigan community associations, especially those from homeowners associations and subdivisions, we hear some common refrains when discussing the inadequacy of their regular monthly assessment/dues amounts. The Board may be fully aware that income is not sufficient to meet projected future costs, but for many reasons, the…

MLG UCOM Fall 2016

UCOM Fall 2016 Seminar

Kay Michael, Teresa Duddles, Dan Feinberg, Brian Harris Mark Petrie, John Gwyn, Teresa Duddles, Robert Meisner “The Condo King”, Kay Michael, Dan Feinberg, Brian Harris, Alan Penskar Robert Meisner issues a final call for additional candidates to serve on UCOM’s Board Robert Meisner speaks on recent legislative developments

The 10 Things You Must Know Before Hiring Community Association Management

Most management companies recognize that in this dog-eat-dog world, marketing and advertising are extremely important in order to attract community association clients. In the old days, it was always the cheapest management company that had a leg up on getting the account. Nowadays, community associations tend to be more sophisticated in deciding which management company…

New Fair Housing Act Rule Effective October 14, 2016

We were alarmed when we first read the Community Association Institute’s (CAI) blog post regarding a new Fair Housing Act rule that is effective as of October 14, 2016. Of particular concern was the following statement: Under the rule, community associations may be liable under the Fair Housing Act for the discriminatory actions of residents who harass…

Are You Observing Constitutional Rights in Disciplinary Hearings?

Boards of directors of community associations (and, unfortunately, even the attorneys advising them) will sometimes mistakenly believe that co-owners are not entitled to certain Constitutional rights of due process with respect to disciplinary hearings. They might warn a co-owner not to bring their attorney to a hearing or not allow an owner to cross-examine witnesses,…

When the Inmates Take Over the Asylum and a Good Board Loses Control

Those of us who have been involved in representing community associations (in my case, for over forty-five years) have, no doubt, experienced a situation where so-called dissidents in a community association, for clearly irrational reasons, strive to seize control of the association so they can further their “platform”, which frequently leads to the demise of…

$500 Limit for Incidental Damage Applied in District Court Ruling

Attorney Brian Harris of The Meisner Law Group recently appeared at trial on behalf of one of our long-standing community association clients, and he successfully argued for application of a $500 limit on “incidental damage” set forth in the condominium’s Bylaws. The judge correctly applied the limit to the plaintiff’s damages. Incidental damage is usually defined, as in…

Federal Housing Administration Certification for Condominiums

Good news for condominium associations throughout the nation – the National Chapter of Community Associations Institute (CAI) reports that H.R. 3700, the Housing Opportunity through Modernization Act, has been signed into law by the President. The Federal Housing Administration (FHA) will be required under the legislation to make the following changes to the FHA’s condominium approval process:…

Opting Out of Condo Association Audit Requirements – Good or Bad?

Michigan condominium associations with annual revenues greater than $20,000 are required under the Michigan Condominium Act to submit their financial records for an annual audit or review by a Certified Public Accountant. However, many condominium associations do not know that the co-owners may vote to opt out of this requirement on an annual basis, by…

Nonprofit Corporation Act changes harm condo associations

Michigan residents who live in condo/homeowner/cooperative associations and fair-minded lawyers who have ties or dealings with nonprofit corporations were recently dealt a serious blow by lawmakers. Significant changes were made to the Michigan Nonprofit Corporation Act (the “Act”) during a lame-duck session of the Legislature. Although some changes can be viewed as positive, as a…