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…
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…
Guest 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…
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…
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…
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…
After working with California condominium and homeowner associations for over 10 years with a prominent community association law firm based in Los Angeles, my wife and I decided to move to the Detroit area to be closer to extended family. I had the fortune to join up with The Meisner Law Group here as a…
Over the course of our many years practicing condominium law, we have found that co-owners and board members alike will require guidance to correct some common misconceptions about condominium living and the respective responsibilities of the co-owners, management and board of directors of the Association. Following are some thoughts on some of the most persistent…
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,…
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…
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…
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:…
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…
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…
A. DON’T DO IT YOURSELF Turn the matter over to your experienced community association attorney – otherwise, you will be outgunned and outsmarted, as most developers are sophisticated businesspeople with an army of lawyers. B. DETERMINE WHAT MAY BE AT ISSUE Circulate a questionnaire to all co-owners regarding construction defects and other problems. If the defects…
This important victory for community associations was codified by the Michigan Court of Appeals in its recent published opinion issued July 2, 2015 in the case of Great Lakes Shores v Bartley. The importance of this decision cannot be overemphasized for any community association that seeks to recoup its legal fees and costs in a…
You moved into a homeowner’s association where pets are not allowed. Or maybe you serve on the Board of Directors of a homeowner’s association where there is a “no pets” policy. Perhaps that is the reason you chose to move into that community or it was of one of several reasons. Then one day, you…
By Robert M. Meisner, Esq. Listen up, board members: The community association attorney does not work for you. The attorney is accountable to the entity that hired him or her, namely the community association itself. The board members govern the association, but they are not the client. Some community association board members believe the association…
By Robert M. Meisner, Esq. It has always been the position of this law firm that a community or condominium association should get all of the help it possibly can in running its affairs. The directors and officers are generally volunteers who are not compensated for their efforts, are incurring potential liability, and are often involved…
Election season is upon us and political signs are popping up everywhere. While many co-owners believe they have a first amendment right to put up political signs in a condominium, they should think again as a condominium association is not a governmental entity that is required to afford first amendment rights to its co-owners. While…
Condominium associations are largely governed by volunteer directors that receive little training with respect to their fiduciary duties and potential ethical issues that they may face. Each director has a fiduciary duty of care and duty of loyalty to act in the best interest of the association. Unfortunately, many directors blur the lines between what…
A reserve study is an inspection of the common elements that is intended to analyze the repair and replacement needs of a Condominium or HOA. A reserve study serves two important purposes. First, a reserve study allows for an Association to accurately budget for major repairs over an extended period of time and avoid large additional…
It is the responsibility of the Board to enforce the Master Deed and Bylaws. MCL 559.190 allows for the Condominium Bylaws to be amended based upon a vote of 2/3 of the Co-Owners. In certain circumstances identified in MCL 559.190a, mortgagee approval is also required to amend the condominium documents. Many Associations run into problems…
*This article may not reflect current changes being made by FHA which are in the process of being finalized by FHA at this time. Contact us to confirm current requirements. An FHA loan allows a buyer to purchase a condominium with a smaller down payment, and in some instances, at lower interest rates. A purchaser can…
The Michigan Condominium Act, specifically MCL 559.106(2), defines a “Developer” of a Michigan Condominium as follows: (2) “Developer” means a person engaged in the business of developing a condominium project as provided in this act. Developer does not include any of the following (a) A real estate broker acting as agent for the developer in…
1. Review the Condominium Documents. An electric vehicle charging station (EVCS) will likely need to be located on the common elements or be hooked up to common elements. The condominium documents almost always require Board approval before a co-owner can make a modification to the common elements. The Board should review the condominium documents to determine…
For years, on behalf of our clients, we have been holding foreclosing banks accountable for payment of assessments from the date of the sheriff sale forward. The banks, on the other hand, liked to argue that their responsibility for payment of assessments did not begin until the date the redemption period expired. At issue –…
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,…
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…
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…
By Robert Meisner Most Michigan residents are familiar with the Dr. Ron Davis Smoke-Free Air Law of 2009; if not by name, then by its radical ban of smoking in Michigan’s restaurants and taverns. It is hard to imagine another law that has changed our daily lives more. The Act, and others like it around…
By Robert Meisner One of the many problems that an Association Board and its legal counsel will face in pursuing any construction defect litigation is keeping the Co-owners advised of the progress of the claim and/or lawsuit and giving them enough information to have them appreciate the need to pursue the developer and other responsible…
By Robert Meisner What is the duty of the Community Association (the Board of Directors) to act? I have been asked to write a brief article on whether Boards have a choice when it comes to enforcing the provisions of the Community Association Documents. What can be the consequences of that choice and to what…
By Robert Meisner Many of our clients have recently been approached by their local cable franchise with an agreement which seems too good to be true. We agree. In most cases the agreement is too good to be true and should be reviewed first by legal counsel. Routinely, the cable company has offered to pay the…
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…
By Robert Meisner In order to determine whether you are a good candidate for condominium living, you must understand the benefits and the disadvantages of condominium living. Those of us who are involved in the condominium industry will always agree on at least one thing. The biggest problem in the condominium setting is the condominium…
By Robert Meisner Picking a management company for a community or condominium association is one of the most important decisions that the board, in behalf of the membership, will make. Remember, the board still has a fiduciary duty to use good care and judgment in establishing effective management. Not all management companies are created equal…
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…
By Robert Meisner Over many years of representing community associations, I have been asked, on hundreds of occasions, why it is necessary for the association to vigorously pursue the enforcement of Bylaw Restrictions. The answer is not that difficult given the obligations of the Board of Directors under the Condominium Documents and the problems which I…
By Robert Meisner Frequently, the association will be called upon to determine whether or not a modification to the common elements, be it general or limited, should be approved by the board of directors. The condominium bylaws normally provide the standards under which the board should operate in approving the modifications. Generally speaking, the provision…
By Robert Meisner Many of you have already or are considering the purchase of a second home, presumably in a locale with pleasant year round temperatures. Buying a condominium or a second home in a location other than where you live as a primary residence can offer interesting challenges. There is always a tendency to…
By Robert Meisner Those of you who are members of a Board of Directors may appreciate the need to upgrade your condominium documents, but may also recognize the often quoted phrase made by certain members of your Board who do not wish to spend money to the effect that “if it ain’t broke, don’t fix…
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…
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…
By Robert Meisner This firm is often asked how a condominium or homeowner association which has been in existence for 10-25 years should go about amending its documents and whether or not it is a good idea. In the case of a condominium, generally, if the documents were drafted prior to July 1, 1978, they…
By Robert Meisner As the population grows older and more people opt to live in condominiums, it is increasingly necessary for Community Associations to be aware of the applicable laws that apply in regard to disabled persons. There are many areas of the law that the Community Association should consider when responding to an accommodation request.…
The Meisner Law Group, P.C. legal team is acutely familiar with the FHA eligibility requirements and is ready to assist your Association in its endeavors to help you attempt to achieve the desired FHA approval and/or re-certification for your Condominium Project. We can present your Association with a proposal concerning the legal work needed and…