By Brian R. Harris, Esq. How to handle smoking in community associations presents a significant dilemma for the community’s board of directors. That is, whether to side with what tends to be the majority and pursue a ban on smoking on common elements, in individual homes, or both. Or, whether to side with the smokers…
DetailsWhen amending condominium documents, one of the primary criteria is that the amendment must be reasonable in relation to the operation of the association and the condominium. That, of course, applies to any provision in the Bylaws. Unfortunately, I have recently observed that certain community association attorneys have gone beyond the pale in protecting Boards…
DetailsBoard members of condominiums, HOAs / subdivisions, and cooperatives are at a major disadvantage when searching for legal counsel to represent their community association. They may not know which factors to consider or where to even begin. Many simply start by googling “condo attorney” or some similar phrase. Unfortunately, directors who are new to this…
DetailsThe Meisner Law Group recently notched a significant win in the Michigan Court of Appeals for our client, Sunflower Village Homes Association. In an assessment collection case against owners who did not pay assessments, the trial court judge only awarded $500 in attorney’s fees and costs to the plaintiff Association, which was much less than…
DetailsMichigan community associations and their attorneys are concerned about potential unintended consequences from Public Act 572, which amended Michigan’s Marketable Record Title Act. While it is not entirely clear, many community association attorneys are of the opinion that the language might be interpreted to cause some community associations’ recorded restrictions to expire if they were…
DetailsA lawsuit was recently filed in Florida against a management company that was, allegedly, somehow able to embezzle multiple millions of dollars from 34 community association clients. When we first saw this news item, we couldn’t believe it. How could a single management company keep such pervasive and extensive crimes hidden long enough to pull…
DetailsA recent decision by the Michigan Supreme Court in Haan v. Lake Doster Lake Association means that members of community associations who have docks on a lake should check their deeds and governing documents. If an easement for a dock is not specifically provided in writing, it may be that the owner only has a…
DetailsFirst, it should be noted that this is a developing story, and information continues to come out regarding who knew what and when, so it may be premature to blame anyone for this horrible accident at this point in time. However, it is important to take this opportunity to reflect on best practices for all…
DetailsWe have fielded several inquiries from our community association clients regarding Michigan legislation, HB 4722. Some understandably find the language of the bill to be confusing, mistakenly thinking that the bill will nullify any recorded restrictions against short-term renting in a condominium, i.e., renting for a term of less than 30 days. In fact, a…
DetailsMichigan condominiums can breathe a bit easier after the recent Michigan Court of Appeals decision in Cove Creek Condominium Association v. Vistal Land and Home Development, which affirmed the lower court’s ruling that the language of the 2016 amendment to Section 67 of the Michigan Condominium Act should not be interpreted to apply retroactively. Prior…
DetailsDon’t cut off utilities for delinquent assessments The reasoning goes, “We’ll see just how hard up they are – we’ll cut off their water and then see how soon they pay.” However, even if this is allowed under your governing documents, you are taking on significant risk by doing this. What if there is a…
DetailsMost community associations will have a provision in their Bylaws or Declaration that effectively prohibits chickens from being kept in a backyard, such as “No farm animals, livestock, reptiles or exotic animals are allowed…” But some associations located in municipalities which do not ban chickens have been considering a change to their restrictions in light…
DetailsUnfortunately, you can still find shocking examples of racism in recorded real property restrictions, including condominium master deeds or subdivision declarations. A restriction might state that only “members of the white race” may own property in the development, for example. While they were likely recorded many years ago and are no longer enforceable under current…
DetailsOb-sti-nate. adj. Stubbornly refusing to change one’s opinion or chosen course of action, despite attempts to persuade one to do so. We might add to the above definition a picture of the defendant in Fox Pointe Association v. Ryal, where summary disposition in favor of the plaintiff condominium association was recently confirmed by the Michigan Court…
DetailsOccasionally, we work with boards of directors that have not held an election for some time, usually because nobody else has ever expressed an interest in running as a candidate. A recent decision from the Michigan Court of Appeals makes clear that the board’s decisions are not invalidated just because elections have not been held.…
DetailsThe Paralegal/Legal Assistant Section of the Michigan State Bar honored Meisner Law Group paralegal Kay Michael with its Shining Star Award for the month of March, 2019. Congrats, Kay! “M. Katherine Michael has been a paralegal with The Meisner Law Group, P.C. which specializes in Community and Condominium Association Law, a very specialized area of law,…
DetailsJust about every condominium’s or subdivision’s bylaws has them – restrictions on “commercial” activity and the requirement that a home/unit be used only for “residential” purposes. However, litigation regularly erupts over whether certain activities are commercial or residential in nature. With regard to adult foster care facilities and whether they constitute commercial or residential activity…
DetailsBy Robert Meisner In reviewing a recent issue of a statewide legal publication, I noted that a former associate of our firm, who now heads his own firm, had submitted an announcement that he received an award from the “American Institute of Legal Counsel” (AIOLC). Unfortunately, he may have been duped by an unethical “vanity…
DetailsBy Robert M. Meisner With many new Developers jumping into the condominium development craze, there may be a relapse to the abuses that took place in the late 70’s and early 80’s when certain national developers built large projects but cared little about the quality of the product and cared even less about properly funding…
DetailsThe owner has not paid assessments in years. Perhaps the owner has a gambling problem and flushed all their money away at the casino. The only significant asset other than their residence is a car with a lien on title, which can’t be seized for a sheriff’s sale. The only income is social security, which…
DetailsBy Robert M. Meisner Most judges in circuit court these days do whatever they can to see if a case can be resolved quickly and reasonably. To that end, the mediation-facilitation process is widely utilized to complete that task. Mediators are usually trained specifically to accomplish their responsibilities, but many times, there are persons who…
DetailsInstead of retaining experienced legal counsel, some community associations contract with a collection agency to pursue delinquent assessments without an understanding of the major differences between the two approaches. One purported benefit offered by collection agencies is a “no upfront fees” approach where fees and costs are deferred and only added to the delinquent account…
Details“Effective immediately, site condominiums in the state of Michigan will be processed in the same manner as a single family detached residence. VA will no longer review legal documentation for site condominiums. Lenders will be responsible for ensuring that any site condominium proposed as collateral for a VA-guaranteed loan meet requirements for the state of…
DetailsWe’re caught in a trap We can’t reach quorum Because it’s two-thirds, baby Why can’t you see What you’re doing to me When you don’t give me your proxy? – Elvis President It’s a common problem for just about every board of directors – voter apathy and lack of trust will cause association members to…
DetailsUnfortunately, 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…
DetailsWe 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,…
DetailsThe Michigan Court of Appeals has published a 2-1 split decision, Eager v. Peasley, Mich App N.W.2d, 2017 WL 5907310, confirming that short-term rentals (generally understood to be for a term less than one month) constitute violations of “commercial use” prohibitions in deed restrictions. Previously, there were unpublished decisions to this effect, but a published…
DetailsWe 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…
DetailsA new unpublished opinion of the Michigan Court of Appeals, Lake Area Group LLC v. Selbert, Not Reported in N.W.2d, 2017 WL 6542560, is an instructive example of what can happen if experts disagree about the safety of an element as constructed by a developer. The factual background from the decision reads as follows: “This…
DetailsThis one had us shaking our head. Why do some people refuse to seek professional legal guidance when it is obvious that they need it? Few attorneys with any experience in community association law would have advised these homeowners to fight the association in this matter. In Hawthorne Ridge Homeowners Association v. Wang, Not Reported…
DetailsMany Michigan condominium and homeowner association directors want to know how their governing documents might be improved. In our experience, it’s highly likely that just about any community association’s governing documents would benefit from full amendment and restatement. This holds true even for newer developments because developers that draft the governing documents have little incentive…
DetailsOn December 12, 2017, we hosted a webinar, “Pets in the Community Association.” It’s everything you need to know about creating and enforcing pet restrictions in your Michigan condominium or subdivision. Are your current restrictions actually enforceable if challenged, and what accommodations might you have to make to comply with fair housing laws? Follow this link…
DetailsCondominium insurance policies can be incredibly confusing to the average board member. Even though there may be no “fine print” and everything is typed the same size, the many definitions, endorsements, and cross references can create a forest of exceptions that make it difficult to know exactly what you’re paying for or getting. Sometimes, even…
DetailsWhile we certainly do not profess to be medical experts, when we reviewed a new Michigan federal district court decision which contained the following quote from a plaintiff’s doctor’s prescription, we chuckled a bit: “I am prescribing reasonable accommodations for her disability in the form of reserving the three parking spaces directly in front of…
DetailsFor those who live in a mixed-use condominium, where some units are designated for commercial use and others for residential use, co-owners can experience conflicts due to the competing interests inherent to the two types of uses (profit versus enjoyment of a residence). If a commercial unit owner comes to the board of directors with…
DetailsWe recently examined an interesting question – can an association prohibit co-owners from bringing firearms to meetings of members held in the common elements? There is no case law specifically confirming the answer to this question, but this kind of rule or restriction would likely be defensible if challenged in court. The published legal scholarship…
DetailsIn the practice of community association law, attorneys face special ethical considerations with respect to representation of community association clients and the attorney’s relationship with community association management companies. Certain attorneys may receive a large portion of their business through referrals from one or two management companies, and if a dispute arises between one of…
DetailsIt’s happened again – someone has resigned from their position as director of your community association, and your Bylaws allow the Board to appoint someone to serve the remainder of the unserved term. It’s been difficult in the past to find volunteers, but you definitely need the help. The location of your condominium or homeowners…
DetailsAs I have preached for so many years, boards of directors of community associations sometimes think that their job is to spend as little money at whatever cost. This carries over to the retention of legal counsel, and sometimes, their decision is prompted by a misguided simple comparison of billing rates alone and/or an affiliation…
DetailsIn most circumstances, we at The Meisner Law Group have found that the best recommended option to pursue foreclosure on a property for delinquent assessments is a judicial action as opposed to nonjudicial foreclosure by advertisement. Now, there is even more reason to prefer judicial action, as a recent decision concerning the federal Fair Debt…
DetailsContentious elections of an association’s board of directors can result in some serious allegations against candidates being communicated to an association’s members. “The board is wasting our money!” “He’s lazy and doesn’t want to do anything!” “She’s horrible at this!” While board members and candidates may feel wronged by inaccurate or false statements, they should…
DetailsSome people think they might be able to save money in litigation with their community association by representing themselves, without an attorney. In legal terms, they appear in propia persona, or “pro per”. A recent unpublished appellate court decision, Brock v. Winding Creek Homeowners Association, et al. (Not Reported in N.W.2d, 2017 WL 1488994), is…
DetailsYour condominium’s or subdivision’s governing documents likely contain many provisions setting forth certain windows of time or deadlines by which certain actions must be taken, for example, giving notices of member meetings, taking action without a meeting, or responding to architectural modification requests. These deadlines will be enforced strictly by the courts in litigation, so it’s…
DetailsA new unpublished Michigan Court of Appeals decision provides an instructive example of how courts will sometimes use a simple dictionary in order to determine what words mean. In MJ Development Company, Inc. v. Inn at Bay Harbor Association (Not reported in N.W.2d, 2017 WL 726591), the decision was based on the following bylaw provisions: (a) Should…
DetailsWith the exponential rise in the popularity of drones (technically referred to as “Unmanned Aerial Vehicles”) over the past few years for personal use, as well as current testing by businesses like Amazon for commercial delivery to residences, the federal government and many states, including our state government in Michigan, have taken the first steps…
DetailsMichigan Governor Rick Snyder has signed SB 72 into law, which should be effective on or about April 10, 2017, codifying part of a 2011 opinion by the State Attorney General. SB 72 has added the following (bold text) to the state statute created by the previous voter-initiated legislation on medical marijuana: “Nothing in this act…
DetailsTwo Months Late and Thousands of Dollars Short A recent appellate decision in the matter of Center Street Lofts Condominium Ass’n v. Center Street Partners, L.L.C. et al. (Not Reported in N.W.2d, 2016 WL 7496614) provides an example of how a failure to promptly pursue a claim can lead to expiration of applicable statutes of limitations, which in…
DetailsA 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…
DetailsAn 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…
DetailsGuest Blog Post by Jane Gawlik, Dryer Vent Wizard According to the National Fire Protection Association, there are approximately 15,500 clothes dryer fires every year in the U.S., resulting in an average of 34 deaths, 430 injuries, and over $209 million in property damage. Failure to clean (34%) is the leading factor contributing to the…
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